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Drakes v. Immigration and Naturalization Service

Facts

On August 12, 1998, Drakes, a native of Guyana, was stopped by the Delaware State Police for a traffic violation. He signed a number of traffic tickets using a false name and was charged with forgery and related offenses. Following his arrest, Drakes was unable to make bail and remained in custody for six and a half months. On March 2, 1999, while represented by counsel, Drakes pled guilty in Delaware state court to two counts of second-degree forgery. He concedes that he signed a plea agreement and that the agreement contained language warning him that his plea could be grounds for removal. Drakes was sentenced to two years of imprisonment, which was suspended for time served, followed by two years of probation. Drakes did not challenge any aspect of the proceedings on direct appeal.

On August 12, 1998, Drakes, a native of Guyana, was stopped by the Delaware State Police for a traffic violation. He signed a number of traffic tickets using a false name and was charged with forgery and related offenses. Following his arrest, Drakes was unable to make bail and remained in custody for six and a half months. On March 2, 1999, while represented by counsel, Drakes pled guilty in Delaware state court to two counts of second-degree forgery. He concedes that he signed a plea agreement and that the agreement contained language warning him that his plea could be grounds for removal. Drakes was sentenced to two years of imprisonment, which was suspended for time served, followed by two years of probation. Drakes did not challenge any aspect of the proceedings on direct appeal.

Issue

Whether a habeas petitioner may challenge the constitutionality of a prior state conviction that provides the basis for an order of removal.

Whether a habeas petitioner may challenge the constitutionality of a prior state conviction that provides the basis for an order of removal.

Rule

A petitioner under section 2241 may not collaterally challenge the constitutionality of the underlying state conviction that was the basis for the Board of Immigration Appeals' order of removal.

A petitioner under section 2241 may not collaterally challenge the constitutionality of the underlying state conviction that was the basis for the Board of Immigration Appeals' order of removal.

Analysis

The court applied the rule by determining that Drakes did not have the right to challenge the constitutionality of his prior state convictions used to support his removal. The court referenced the Supreme Court's decisions in Daniels and Coss, which established that once a state conviction is no longer open to direct or collateral attack in its own right, the conviction may be regarded as conclusively valid. Drakes had the opportunity to challenge his state convictions but failed to do so, and thus he was without recourse.

The court applied the rule by determining that Drakes did not have the right to challenge the constitutionality of his prior state convictions used to support his removal. The court referenced the Supreme Court's decisions in Daniels and Coss, which established that once a state conviction is no longer open to direct or collateral attack in its own right, the conviction may be regarded as conclusively valid. Drakes had the opportunity to challenge his state convictions but failed to do so, and thus he was without recourse.

Conclusion

The appellate court affirmed the district court's decision, holding that Drakes could not challenge the constitutionality of his prior state convictions.

The appellate court affirmed the district court's decision, holding that Drakes could not challenge the constitutionality of his prior state convictions.

Who won?

The government prevailed in the case because the court upheld the dismissal of Drakes's habeas petition, affirming that he could not challenge his prior convictions used for removal.

The government prevailed in the case because the court upheld the dismissal of Drakes's habeas petition, affirming that he could not challenge his prior convictions used for removal.

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