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Home / Opinion Digests / Criminal Law / EDVA: Review framework may violate immigrants’ due process rights (access required)

EDVA: Review framework may violate immigrants’ due process rights (access required)

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not show that he was prejudiced by any due process violation. Background Plaintiff Omar Villarreal Silva, a Mexican ...