Deportation Immigration Virginia Aggravated Felony Counsel Lawyers

United States v. Jackson

Facts:

Defendant appealed a judgment from the United States District Court for the Eastern District of North Carolina, at Wilmington, which convicted defendant of being found in the United States following deportation for an aggravated felony, in violation of 8 U.S.C.S. § 1326(a), (b)(2).

Deportation Immigration Virginia Aggravated Felony Counsel Lawyers

Issue:

• Whether the underlying deportation hearing was constitutionally vitiated by the denial of Defendant’s right to counsel and whether the district court erroneously denied his motion to dismiss the indictment?

Discussion:

Two days after being granted Special Agricultural Worker status, defendant murdered a migrant worker. Defendant pleaded guilty to second-degree murder, allegedly in partial reliance on statements to his attorney by an unidentified Immigration & Naturalization Service (INS) agent that deportation would not ensue, and served 17 months. Subsequently, defendant was arrested for deportation based on his prior conviction. After an extensive evidentiary hearing, the district court denied defendant’s motion to dismiss. The district court also rejected defendant’s equitable estoppel arguments and ordered deportation. On appeal, the court determined that the right to legal representation at the deportation hearing did not entitle defendant to have counsel appointed at government expense to represent him. The court found that defendant waived his rights to counsel. The court also found that the INS’s failure to deport defendant immediately after his release was the unintended result of significant understaffing and a substantial backlog, and did not constitute affirmative misconduct by the government. The court affirmed defendant’s conviction and sentence for being found in the United States following deportation for an aggravated felony.

The SRIS Law Group Virginia lawyers will do their best to help you with your immigration case. Contact a Virginia lawyer from our firm to discuss your immigration case. A Virginia lawyer from our firm will talk with you about your immigration case and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

Click to Chat

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.