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Keywords

defendantattorneyappealfelonydue process
defendantattorneyappealfelonydue process

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Lopez-Chavez; U.S. v.

Facts

Brigido Lopez-Chavez, a legal permanent resident, was convicted in 2003 for possession of marijuana with intent to deliver under Missouri law. Following his conviction, he was issued a Notice to Appear for removal proceedings, where his attorney conceded his removability without challenging the classification of his conviction as an aggravated felony. Lopez-Chavez was deported in 2003 and later indicted for attempted reentry in 2010, leading him to challenge the validity of his removal order based on ineffective assistance of counsel.

Brigido Lopez-Chavez, a legal permanent resident, was convicted in 2003 for possession of marijuana with intent to deliver under Missouri law. Following his conviction, he was issued a Notice to Appear for removal proceedings, where his attorney conceded his removability without challenging the classification of his conviction as an aggravated felony. Lopez-Chavez was deported in 2003 and later indicted for attempted reentry in 2010, leading him to challenge the validity of his removal order based on ineffective assistance of counsel.

Issue

Did Lopez-Chavez receive ineffective assistance of counsel during his immigration proceedings, and was the removal order fundamentally unfair, thereby allowing him to challenge his conviction for criminal reentry?

Did Lopez-Chavez receive ineffective assistance of counsel during his immigration proceedings, and was the removal order fundamentally unfair, thereby allowing him to challenge his conviction for criminal reentry?

Rule

A defendant may collaterally attack a removal order under the due process clause if the removal was fundamentally unfair, which occurs when the defendant's due process rights were violated and he suffered prejudice as a result.

A defendant may collaterally attack a removal order under the due process clause if the removal was fundamentally unfair, which occurs when the defendant's due process rights were violated and he suffered prejudice as a result.

Analysis

The court determined that Lopez-Chavez's attorney failed to provide effective assistance by conceding his removability based on a conviction that did not meet the federal definition of an aggravated felony. The attorney's lack of research and failure to appeal the removal order resulted in a violation of Lopez-Chavez's due process rights, rendering the removal proceedings fundamentally unfair.

The court determined that Lopez-Chavez's attorney failed to provide effective assistance by conceding his removability based on a conviction that did not meet the federal definition of an aggravated felony. The attorney's lack of research and failure to appeal the removal order resulted in a violation of Lopez-Chavez's due process rights, rendering the removal proceedings fundamentally unfair.

Conclusion

The court reversed the conviction for criminal reentry and remanded the case, concluding that Lopez-Chavez's removal order was invalid due to ineffective assistance of counsel.

The court reversed the conviction for criminal reentry and remanded the case, concluding that Lopez-Chavez's removal order was invalid due to ineffective assistance of counsel.

Who won?

Brigido Lopez-Chavez prevailed in the case because the court found that he was denied effective assistance of counsel during his immigration proceedings, which led to a fundamentally unfair removal order.

Brigido Lopez-Chavez prevailed in the case because the court found that he was denied effective assistance of counsel during his immigration proceedings, which led to a fundamentally unfair removal order.

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