United States v. Lopez, 445 F.3d 90 (2d Cir. Apr. 4, 2006) (for purposes of brining a collateral attack of the underlying deportation order in prosecution for illegal re-entry, the IJ and BIA affirmatively misleading the noncitizen regarding eligibility for relief resulted in an improper denial of the opportunity for judicial review, as required to bring a collateral attack under 8 U.S.C. 1326(d)).
jurisdiction:
Second Circuit