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Keywords

pleamotionfelonydeportationjudicial reviewmotion to dismiss
pleamotionfelonydeportationjudicial reviewmotion to dismiss

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Merino-Hernandez; U.S. v.

Facts

Merino-Hernandez, a Mexican citizen, was charged with illegal reentry after pleading guilty to second degree assault in Maryland. Following his conviction, a Notice of Intent for administrative removal was issued, which he signed, admitting deportability and waiving his right to contest the charges. However, he testified that he understood very little English and that the Notice was not fully translated for him, leading to questions about the validity of his waiver.

Merino-Hernandez, a Mexican citizen, was charged with illegal reentry after pleading guilty to second degree assault in Maryland. Following his conviction, a Notice of Intent for administrative removal was issued, which he signed, admitting deportability and waiving his right to contest the charges. However, he testified that he understood very little English and that the Notice was not fully translated for him, leading to questions about the validity of his waiver.

Issue

Was Merino-Hernandez's waiver of his rights during the removal proceedings knowing and voluntary, and was he deportable based on his conviction for second degree assault?

Was Merino-Hernandez's waiver of his rights during the removal proceedings knowing and voluntary, and was he deportable based on his conviction for second degree assault?

Rule

In a criminal proceeding under 8 U.S.C. 1326, an alien may collaterally attack the underlying deportation order if he demonstrates that he exhausted any available administrative remedies, was deprived of the opportunity for judicial review, and that the entry of the order was fundamentally unfair.

In a criminal proceeding under 8 U.S.C. 1326, an alien may collaterally attack the underlying deportation order if he demonstrates that he exhausted any administrative remedies that may have been available to seek relief against the order; the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and the entry of the order was fundamentally unfair.

Analysis

The court found that Merino-Hernandez's waiver was not knowing and voluntary due to his limited understanding of English and the lack of a full translation of the Notice of Intent. This invalidated his waiver of administrative remedies, excusing the exhaustion requirement. Furthermore, the court determined that the government did not prove that his conviction for second degree assault constituted an aggravated felony, which was necessary for his deportability.

The court found that Merino-Hernandez's waiver was not knowing and voluntary due to his limited understanding of English and the lack of a full translation of the Notice of Intent. This invalidated his waiver of administrative remedies, excusing the exhaustion requirement. Furthermore, the court determined that the government did not prove that his conviction for second degree assault constituted an aggravated felony, which was necessary for his deportability.

Conclusion

The court granted Merino-Hernandez's motion to dismiss the charge of illegal reentry, concluding that the government failed to establish his deportability.

The court granted Merino-Hernandez's motion to dismiss the charge of illegal reentry, concluding that the government failed to establish his deportability.

Who won?

Juan Carlos Merino-Hernandez prevailed because the court found that his waiver of rights was not valid, and the government did not prove that he was deportable based on his conviction.

Juan Carlos Merino-Hernandez prevailed because the court found that his waiver of rights was not valid, and the government did not prove that he was deportable based on his conviction.

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