Legal Opinion
United States v. Richard Copeland, Also Known as Jamal Owen
Court of Appeals for the Second Circuit
Decided July 16, 2004No. Docket 02-1704PublishedCited by 106 opinions
1Opinion of the Court
WINTER, Circuit Judge.
The government appeals from Judge Weinstein’s dismissal of an indictment charging Richard Copeland with illegal reentry into the United States after deportation. See 8 U.S.C. § 1326(a). Copeland collaterally attacked the validity of his deportation order as provided under Section 1326(d), and the district court held that his deportation was not a valid element of the criminal reentry charge because the underlying deportation hearing was not consistent with due process. We agree that most of the requirements of Section 1326(d) have been met. However, we remand for a…
2Cases cited42 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Stone v. PowellSupreme Court of the United States · 1976
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
37 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Lin Zhong v. United States Department of Justice, Attorney General GonzalesCourt of Appeals for the Second Circuit · 2007
- Soriba Fadiga v. Attorney General USACourt of Appeals for the Third Circuit · 2007
- Alexis Milton Edwards v. Immigration and Naturalization Service, Eva Trinidad Falconi v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
- Delgado v. MukaseyCourt of Appeals for the Second Circuit · 2007
- Lin Zhong v. United States Department of Justice, Attorney General GonzalesCourt of Appeals for the Second Circuit · 2006
101 more not listed; retrieve them via the Exa API.