United States v. Vitalio Calderon

How courts have described this case

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

• holding that failure to advise of right to seek 212(c) relief can constitute fundamental error
• holding that “the speed of the deportation process rendered judicial review impracticable” when an alien was deported one month after a final deportation order was entered
• noting that proceeding pro se bolsters the argument that a waiver is not knowing and intelligent
• holding that failure to advise an eligible alien of the possibility of relief under § 212(c) invalidated a waiver of appeal rights even though the BIA believed such relief was statutorily barred and the Supreme Court had not yet ruled on the issue
• excusing defendant from the exhaustion requirement where he did not seek section 212(c) relief “because he was advised that he was barred by law from such relief’
• excusing the administrative exhaustion requirement where Defendant's waiver of his right to an administrative appeal was not \knowing and intelligent\

Source: CourtListener parenthetical corpus (CC0).