United States v. El Shami, ___ F.3d ___, 2005 WL 3527283 (4th Cir. Dec. 27, 2005) (failure to give noncitizen notice of deportation proceeding violated due process and deprived him of right to seek administrative review, and prejudiced him given reasonable probability he would have qualified for 212(c) relief, so deportation order was unlawful and he could not be convicted of illegal reentry after deportation).
jurisdiction:
Fourth Circuit