Virginia Immigration Lawyers: Virginia Lawyers Immigration Deportation Order

Virginia Lawyers Immigration Deportation Order

If you are facing immigration case in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Michael v. United States

Facts:

Respondents, Mexican nationals, were arrested by Immigration and Naturalization Service agents and deported. Respondents were later arrested in the United States and were charged with violating 8 U.S.C.S. § 1326, which criminalized illegal re-entry into the United States after deportation. The circuit court of appeals affirmed both the district court's ruling that respondents could collaterally attack the previous deportation orders and its dismissal of the indictments because respondents did not make knowing and intelligent waivers of their rights to apply for suspension of deportation or to appeal. The Court affirmed, holding that neither the language of § 1326 nor its legislative history provided for a challenge to the validity of the underlying deportation order. The Court further held that the right to due process required that judicial review of an administrative proceeding must be made available before the proceeding may be used to establish conclusively an element of a criminal offense. Because respondents were deprived of their rights to appeal, the deportation proceedings could not be used to support a criminal conviction, and the dismissal of the indictments was proper.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

The text and background of 8 U.S.C.S. § 1326 indicate no congressional intent to sanction challenges to deportation orders in proceedings under § 1326. Where the waivers of an alien's rights to appeal were not considered or intelligent, an alien is deprived of judicial review of deportation proceeding. The Government may not, therefore, rely on those orders as reliable proof of an element of a criminal offense. Where a determination made in an administrative proceeding is to play a critical role in the subsequent imposition of a criminal sanction, there must be some meaningful review of the administrative proceeding. This principle means at the very least that where the defects in an administrative proceeding foreclose judicial review of that proceeding, an alternative means of obtaining judicial review must be made available before the administrative order may be used to establish conclusively an element of a criminal offense

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia

Fairfax	703-278-0405

Prince William	703-278-0405

Loudoun	703-278-0405

Fredericksburg	703-278-0405

Richmond	804-201-9009

Virginia beach	757-512-5002

Lynchburg	434-509-4004

Virginia Immigration Lawyers

Virginia Lawyers Immigration Deportation Order

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