Defendant was entitled to new trial on charge of illegal reentry into U.S. after having been deported, where Dist. Ct. improperly denied defendant’s motion to have Dist. Ct. recuse himself under 28 USC section 455(a). Record showed that Dist. Ct. judge had previously served as District Counsel for Immigration and Naturalization Service (INS) at time defendant had been deported, and reasonable, well-informed observer could question Dist. Ct.’s impartiality in adjudicating instant charged offense, especially where: (1) INS had successfully obtained defendant's removal; (2) Dist. Ct, judge had control over his office’s decision to pursue defendant’s removal; and (3) defendant has pegged his defense in charged offense on his collateral attack against his removal order.
Federal 7th Circuit Court
Criminal Court
Recusal