In a prosecution for illegal reentry into the U.S., the dismissal of the indictment is affirmed where Defendant’s deportation order was invalid due to the Immigration Judge’s failure to inform Defendant of his apparent eligibility for Immigration and Nationality Act Section 212(c) relief.
Read US v. Lopez-Velasquez, No. 07-30241
Appellate Information
Argued and Submitted July 9, 2008
Filed June 23, 2009
Judges
Before: Harry Pregerson and Stephen Reinhardt, Circuit Judges, and Lyle E. Strom, District Judge.Opinion by Judge Reinhardt
Counsel
For Appellant:
Karin J. Immergut, United States Attorney, Portland, OR
Johnathan S. Haub, Assistant United States Attorney, Portland, OR
Kelly A. Zusman, Assistant United States Attorney, Portland, OR
For Appellee:
Terry Kolkey, Ashland, OR
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