The Ninth Circuit vacated the defendant’s conviction for illegal reentry, holding that the defendant’s due process rights were violated when the Immigration Judge (IJ) failed to advise the defendant during his 1999 removal proceeding about the availability of potential discretionary relief under INA §212(c). The court remanded for consideration of whether the defendant was prejudiced by the deprivation of his due process rights.
Filed under: Immigration Attorney | Tagged: 212(c), Due Process, Illegal Reentry, Immigration Judge, motion to reopen, violation of due process |
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