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.
Argued and Submitted July 9, 2008
Filed June 23, 2009
Before: Harry Pregerson and Stephen Reinhardt, Circuit Judges, and Lyle E. Strom, District Judge.
Opinion by Judge Reinhardt
Johnathan S. Haub, Assistant United States Attorney, Portland, OR
Kelly A. Zusman, Assistant United States Attorney, Portland, OR
Terry Kolkey, Ashland, OR