United States v. Gill

KATZMANN, Chief Judge:

This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the Supreme Court’s ruling in Vartelas v. Holder, — U.S.—, 132 S.Ct. 1479, 182 L.Ed.2d 473 (2012), requires us to find that Gill is eligible for relief from deportation under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (1994), (“§ 212(c)”). Prior to…