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Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry
Loaded on March 15, 2023
by Jacob Barrett
published in Criminal Legal News
April, 2023, page 18
Filed under:
Cause and Prejudice,
Deportation/Removal/Exclusion,
Failure to Inform.
Location:
Virginia.
by Jacob Barrett
The U.S. Court of Appeals for the Fourth Circuit ruled that an immigration judge’s failure to inform an undocumented noncitizen of his right to appeal a deportation order was prejudicial and dismissed a subsequent indictment for illegal reentry in violation of 8 U.S.C. § 1326(a).
In 2006, ...
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More from this issue:
- After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, by Jayson Hawkins
- The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, by Casey Bastian
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, by Harold Hempstead
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More from Jacob Barrett:
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- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
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- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
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More from these topics:
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- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
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- Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy, June 15, 2023. Wrongful Conviction, Appeals/Appellate Jurisdiction, Cause and Prejudice, Hobbs Act.
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