UNITED STATES v. FERNANDEZ SANCHEZ

No. 20-4061.

46 F.4th 211 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Bonifacio FERNANDEZ SANCHEZ, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 23, 2022.


Attorney(s) appearing for the Case

ARGUED: Laura Day Taylor , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellant. Erin Margaret Trodden , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Harrisonburg, Virginia, for Appellee. ON BRIEF: Thomas T. Cullen , United States Attorney, Christopher R. Kavanaugh , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellant. Juval O. Scott , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Motz joined.


Bonifacio Fernandez Sanchez, a Mexican citizen who migrated to the United States illegally as a minor in 2006, was deported in 2011 following a four-minute removal hearing. During that hearing, the immigration judge neglected to advise Fernandez Sanchez about his eligibility for voluntary departure or inform him of his right...

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