Thursday, February 20, 2014

Virginia Lawyers Immigration Deportation 8 USCS 1326

11:25 AM | Posted by Unknown | Edit Post
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.

Harris v. United States

Facts:

            The Court granted certiorari to review a ruling of the United States Court of Appeals which held that aliens charged under 8 U.S.C.S. § 1326 with illegal re-entry into the United States after deportation could assert the invalidity of the underlying deportation orders in the criminal proceeding.

            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 Virginia 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.
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