Motion to Disqualify – Immigration

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jose Herrera-Valdez

Case No.: 14-3534

Officials: POSNER, WILLIAMS, and SYKES, Circuit Judges.

Focus: Motion to Disqualify – Immigration

Court erred in failure to grant appellant motion to disqualify

“We do not question Judge Der-Yeghiayan’s impartiality in presiding over Herrera-Valdez’s illegal reentry case. But a judge’s actual bias is not dispositive of the question of his disqualification under § 455(a), and observers outside of the judicial process “are less inclined to credit judges’ impartiality and mental discipline than the judiciary itself will be.” Id., (citing Mason, 916 F.2d at 386). We conclude that a reasonable, disinterested observer could assume bias from the fact that the judge presiding over the defendant’s prosecution for illegal reentry was the same person who ran the office that pursued, and succeeded in obtaining, the removal order that is the source of his current prosecution. “

Reversed and Reassigned to new judge

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.