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Keywords

jurisdictionpleafelonydue processdeportationnaturalization

jurisdictionpleamotionfelonyprobationdue processdeportationnaturalization

Related Cases

Garcia-Marrufo v. Ashcroft

Facts

Petitioner, a Mexican citizen, entered the United States in May 1993 and later pleaded guilty to burglary and theft in Kansas state court. The INS initiated expedited removal proceedings against him, claiming he had been convicted of an aggravated felony, and he was removed on May 12, 1998. After illegally reentering the U.S. and marrying a U.S. citizen, he applied for adjustment of status, which was denied. The Kansas state district court later set aside his burglary conviction, but the INS reinstated the prior removal order based on his illegal reentry.

Petitioner, a Mexican citizen, entered the United States in May 1993. On November 22, 1995, he pleaded guilty to burglary and theft in Kansas state court. He was sentenced to 24 months' probation, with an underlying prison term of 12 months for the burglary offense and 6 months for the theft offense, the sentences to run concurrently. On May 1, 1998, the INS initiated expedited removal proceedings against Petitioner, contending that he had been convicted of an aggravated felony as defined in INA 101(a)(43), 8 U.S.C. 1101(a)(43)(G) (including in definition of 'aggravated felony' those burglary offenses for which the term of imprisonment was at least one year). He was removed on May 12, 1998.

Issue

Whether the court has jurisdiction to review the underlying order of removal and whether the reinstatement procedure violated due process.

Rule

The court has jurisdiction to review the reinstatement order under INA 242, 8 U.S.C. 1252, but lacks jurisdiction to review the underlying deportation order as per INA 241(a)(5), 8 U.S.C. 1231(a)(5).

We have jurisdiction to review the reinstatement order under INA 242, 8 U.S.C. 1252. We do not, however, have jurisdiction to review the underlying deportation order.

Analysis

The court determined that it could only review the reinstatement order and not the original removal order. It found that the petitioner failed to demonstrate any prejudice from the alleged due process violation, as he met the criteria for reinstatement. The court concluded that even if additional process had been afforded, the outcome would not have changed.

The court determined that we could only review the reinstatement order and not the original removal order. It found that the petitioner failed to demonstrate any prejudice from the alleged due process violation, as he met the criteria for reinstatement. The court concluded that even if additional process had been afforded, the outcome would not have changed.

Conclusion

The judgment was affirmed, and the court held that the petitioner was not entitled to relief due to the lack of demonstrated prejudice.

We AFFIRM the decision of the INS. We GRANT Petitioner's Motion to Supplement the Record with respect to his Form I-601, which should have been part of the administrative record, but DENY the motion with respect to the state-court records.

Who won?

The Immigration and Naturalization Service (INS) prevailed because the court affirmed the reinstatement of the prior removal order, finding no jurisdiction to review the underlying order and no prejudice from the alleged due process violations.

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