New 9th Circuit and BIA Immigration Cases

**Conviction for illegal entry, collateral attack on prior removal order, due process**

The order to report for removal misinformed Arias-Ordonez about his eligibility for possible relief.  The order stated that there was “no administrative relief which may be extended,” which was untrue. An individual deported in absentia has a statutory right to explain why he did not appear and to move to reopen proceedings.  The original removal order therefore could not justify a conviction for illegal reentry because the government affirmatively and
prejudicially misled Arias-Ordonez.  In addition, none of the subsequent reinstatements provide an independent basis for conviction of illegal reentry because they reinstated a removal that did not comply with due process.

http://www.ca9.uscourts.gov/datastore/opinions/2010/03/08/08-10259.pdf