US v. Lopez-Velasquez, No. 07-30241

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