Legal Opinion
United States v. Deleon
Court of Appeals for the First Circuit
Decided April 7, 2006No. 04-1592PublishedCited by 58 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
It is a crime for an alien to re-enter the country after he has been deported, unless he has the express permission of the Attorney General of the United States (or unless such permission is unnecessary in his case for other reasons). 8 U.S.C. § 1326(a). The usual sentence for the crime is a term in prison, followed by deportation.
Somewhat unusually in the criminal law, there is an exception provided by statute, id. § 1326(d), for aliens who can prove that the original deportation order was based on administrative proceedings which were fundamentally unfair. Subsection…
2Cases cited49 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Barker v. WingoSupreme Court of the United States · 1972
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
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3Cited by58 opinions
- Shaker Aamer v. Barack ObamaCourt of Appeals for the D.C. Circuit · 2014
- Addones Spencer v. Anthony HaynesCourt of Appeals for the Eighth Circuit · 2014
- Carlos Poree v. Kandy CollinsCourt of Appeals for the Fifth Circuit · 2017
- United States v. BucciCourt of Appeals for the First Circuit · 2009
- United States v. EarleCourt of Appeals for the First Circuit · 2007
53 more not listed; retrieve them via the Exa API.