Chapter 3. Investigation
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IMMIGRATION OFFENSES - ILLEGAL REENTRY - COLLATERAL ATTACK - INEFFECTIVE ASSISTANCE OF COUNSEL IN REMOVAL PROCEEDINGS
United States v. Garcia, 2008 WL 3890167 (E.D.N.Y. Aug. 19, 2008) (ineffective assistance of counsel rendered defendant's deportation proceeding "fundamentally unfair" requiring dismissal of illegal reentry charge: "[D]efendant has sustained his burden of establishing each of the three prongs of 8 U.S.C. 1326(d) required for a successful collateral attack upon his 1999 deportation order.").
IMMIGRATION OFFENSES - ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK - DEPORTATION TO WRONG COUNTRY IRRELEVANT TO LEGALITY OF DEPORTATION ORDER
United States v. Sanchez, ___ F.3d ___, 2010 WL 1688525 (7th Cir. Apr. 28, 2010) (country to which defendant was removed is irrelevant to determination of whether defendant violated 8 U.S.C. 1326(a) by illegal reentry).
IMMIGRATION OFFENSES - AGGRAVATED IDENTITY THEFT - NO REQUIREMENT DOCUMENT MUST BELONG TO REAL PERSON
United States v. Mendoza-Gonzalez, 520 F.3d 912 (8th Cir. 2008) (elements of aggravated identity theft, under 18 U.S.C. 1028A, do not require document belonged to real person).
IMMIGRATION OFFENSES " ILLEGAL REENTRY " COLLATERAL ATTACK " FAILURE OF BORDER OFFICER TO INFORM DEFENDANT OF HIS RIGHT TO WITHDRAW APPLICATION FOR ADMISSION
United States v. Sanchez-Aguilar, __ F.3d __ (9th Cir. Jun. 19, 2013) (defendant's collateral attack on his prior removal order fails because the failure of the immigration officer to inform him of his ability to request withdrawal of his application of admission did not violate his due process rights).
IMMIGRATION OFFENSES - POSSESSION OF FALSE IDENTITY DOCUMENT DOES NOT REQUIRE APPEARANCE OF BEING ISSUED BY REAL AGENCY OF THE UNITED STATES
United States v. Fuller, 531 F.3d 1020 (9th Cir. Jul. 8, 2008) (elements of the offense of possession of an identification document that appears to be made by or under the authority of the U.S. which is stolen or produced without lawful authority, under 18 U.S.C. 1028(a)(6), do not include a requirement that the identification document in question appeared to be issued by a real agency of the United States).