United States v. Robert Skeffery

MEMORANDUM

The government appeals the district court’s order granting in part Robert Skef-fery’s motion to dismiss an indictment for attempted re-entry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3731 . See United States v. Gonzalez-Valerio, 342 F.3d 1051, 1052 (9th Cir.2003). Reviewing de novo, see id. at 1053 , we reverse and remand.

Skeffery’s collateral attack on his deportation order fails because he has not demonstrated that he was prejudiced by the Immigration Judge’s failure to inform him of potential relief from deportation under former § 212(c) of the Immigration and Nationality Act. See id. at 1054. Because of his serious criminal history, Skeffery would have had to demonstrate outstanding or unusual equities to receive § 212(c) relief. See id. at 1056-57. Skeffery’s equities, which consist of long-term residence in and family ties to the United States, are not outstanding or unusual, so he lacks a plausible ground for relief. See id. at 1057; see also Ayala-Chavez v. INS, 944 F.2d 638, 641-42 (9th Cir.1991).

Skeffery’s alternate argument, that he was not advised of the possibility of voluntary departure, lacks…