Second Circuit – Illegal reentry: United States of America v. Manuel Zumba Mejia

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United States Court of Appeals for the Second Circuit

 Illegal reentry — Exhaustion of remedies — Excuse

United States of America v. Manuel Zumba Mejia

24-3086-cr

Judges Sullivan, Cabranes, and Gonzalez

Background: The government appealed from the grant of the defendant’s motion to dismiss a criminal information. It charged the defendant with aggravated illegal reentry. The district court found that the original deportation proceeding was fundamentally unfair because he was misled by the court incorrectly stating he was ineligible for voluntary departure. Thus, because his failure to appeal resulted from being misled, his appeal waiver was not made knowingly or intelligently.

Ruling: The Second Circuit reversed and remanded. The court held that the defendant was barred from collaterally challenging his underlying removal order because he failed to satisfy those requirements and the statute does not permit a court to excuse that failure.

Michael D. Maimin, assistant United States attorney, for the appellant; Sarah Baumgartel, of the Federal Defenders of New York, for the defendant-appellee.

Oral argument audio