United States v. Melendez-Castro

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Melendez-Castro was not advised of his right to relief but remanding to the district court “for consideration of prejudice in the first instance”
• holding that a defect in defendant’s removal proceedings violated his right to due process and required the district court to determine if he suffered prejudice
• recognizing that due process requires that a noncitizen “be made aware that he has a right to 2 seek relief” from removal, which “includes providing [a noncitizen] with the opportunity to apply for relief”
• finding that the alien \was not meaningfully advised of his right to seek voluntary departure\
• noting that petitioner’s mother, sister, and daughter resided in this country
• “The Due Process Clause of the Fifth Amendment requires that an alien in immigration proceedings be ‘made aware that he has a right to seek relief so that he has ‘a meaningful opportunity to appeal the fact that he was not advised of that right.’ ”

Source: CourtListener parenthetical corpus (CC0).