Collateral Estoppel IJ Victory in Seattle

Collateral Estoppel IJ Victory in Seattle

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on collateral estoppel.  The real take away from this decision is that if your client has been prosecuted for illegal reentry, it provides a doorway to collaterally attack the underlying removal order, which is ordinarily quite difficult. Judge Fitting agreed with our position that a noncitizen who wins a 1326 reentry case on the basis that the underlying order violates due process (or receives subsequent habeas relief on this basis) can move to reopen the removal order within 90 days of the district court decision on the 1326 case, even if the order was issued many years ago.  Our client would not still be here if it weren't for the great work of the Federal Public Defender in California who first spotted this issue. So this case demonstrates again how important it is for immigrants to have quality criminal defense."

Devin T. Theriot-Orr
Attorney, Gibbs Houston Pauw - www.ghp-immigration.com
1000 Second Avenue, Suite 1600
Seattle, WA  98104-1003
Ph. (206) 708-8740
Fax (206) 689-2270
devin@ghp-law.net