An opinion written by Judge Niemeyer of the US Court of Appeals for the Fourth Circuit upheld that the district court’s denial of the defendant’s motion to dismiss an indictment of reentry without permission was correct. The defendant had been removed from the US in 2016 in an expedited removal procedure (8 U. S. C. 1225(b)(1) and then was found in the US some time after the removal. The defendant claimed that his removal was unfair because he had not been afforded legal counsel. The court found that the Due Process Clause did not apply in this case because the defendant was apprehended at the border and removed immediately.
If you, or someone you know, needs help through the immigration process, please call Cella & Associates on our national toll-free free number 877.583.7080 and we will schedule a confidential consultation via Skype, Telephone or Zoom. In addition to English, consultations can be in Albanian, Italian, Portuguese, Russian and Spanish. Although we do hold in-person consultations, when necessary, in our Clifton, New Jersey and Aventura, Florida offices, we discourage such consultations (due to CoVid concerns) for your safety as well as for the safety of our attorneys and staff.
**Cella & Associates will not prosecute cases which we know, or have reason to believe, are fraudulent or frivolous.