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Home / Opinion Digests / Criminal Law / EDVA: Removal order unfair without notice of voluntary option (access required)

EDVA: Removal order unfair without notice of voluntary option (access required)

A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, a Mexican citizen. He appeared before an immigration judge and, upon the IJ’s questioning, said he did ...