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Keywords

jurisdictionappealhearingpleadeportationlegal counselliens

appealpleamisdemeanordeportationrespondentliensguilty plea

Related Cases

Estrada-Rosales v. Immigration and Naturalization Service

Facts

Gabriel Estrada-Rosales was deported after a finding that he had aided and abetted aliens in illegal entry, violating 8 U.S.C. 1251(a)(13). The immigration judge based the deportation on a prior conviction for aiding and abetting illegal entry, which was later set aside due to the lack of legal representation during the plea process. The BIA refused to consider Estrada-Rosales's petition to reopen the deportation proceedings, asserting it lacked jurisdiction after his departure from the U.S.

Petitioner, Gabriel Estrada-Rosales, was deported after a finding that he had aided and abetted aliens in illegal entry in violation of 8 U.S.C. 1251(a) (13). The immigration judge relied upon a prior conviction of the crime of aiding and abetting illegal entry.

Issue

Did the Board of Immigration Appeals err in refusing to consider the petition to reopen the deportation proceedings based on an invalid prior conviction?

Rule

An alien may petition for review of deportation proceedings to challenge their regularity, even after departure from the U.S., particularly when the deportation is based on an invalid conviction.

An alien may properly petition for review of his deportation when he seeks to challenge the regularity of the deportation proceeding.

Analysis

The court applied the rule by determining that the deportation based on an invalid conviction was not 'legally executed.' The underlying conviction was invalid due to the absence of legal counsel during the plea, and the lack of a proper record of the plea proceedings. The court emphasized that the BIA should have respected the vacating of the conviction and allowed the petition to reopen the deportation proceedings.

We agree with the petitioner in this case that a deportation based upon an invalid conviction is similarly not 'legally executed.' The underlying conviction was based upon a misdemeanor guilty plea for which counsel was not provided.

Conclusion

The Ninth Circuit reversed the BIA's decision, holding that the deportation was improperly based on an invalid conviction and that Estrada-Rosales was entitled to a new deportation hearing.

The decision of the Board of Immigration Appeals was reversed because respondent improperly based petitioner's deportation upon an invalid prior conviction of the crime of aiding and abetting illegal entry in to the United States that had not been legally executed.

Who won?

Gabriel Estrada-Rosales prevailed in the case because the court found that his deportation was based on an invalid conviction that had not been legally executed.

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