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Keywords

appealtrialpleahabeas corpuscriminal lawfelonydeportationnaturalizationliens
appealtrialpleahabeas corpuscriminal lawfelonydeportationnaturalizationliens

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Montenegro v. Ashcroft

Facts

Montenegro was convicted by an Illinois jury in April 1996 of possessing with the intent to deliver more than 900 grams of cocaine and sentenced to 20 years' imprisonment. Following his conviction, the Immigration and Naturalization Service commenced removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii) due to his aggravated felony conviction. Montenegro appealed his conviction and sought to suspend the removal proceedings until his criminal appeal was concluded, but the IJ ordered him removed in October 1998. Montenegro did not file an administrative appeal but petitioned the district court for a writ of habeas corpus under 28 U.S.C. 2241.

Montenegro was convicted by an Illinois jury in April 1996 of possessing with the intent to deliver more than 900 grams of cocaine and sentenced to 20 years' imprisonment. Following his conviction, the Immigration and Naturalization Service commenced removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii) due to his aggravated felony conviction. Montenegro appealed his conviction and sought to suspend the removal proceedings until his criminal appeal was concluded, but the IJ ordered him removed in October 1998. Montenegro did not file an administrative appeal but petitioned the district court for a writ of habeas corpus under 28 U.S.C. 2241.

Issue

Whether Montenegro was eligible for a discretionary withholding of deportation under 212(c) of the Immigration and Nationality Act given the timing of the removal proceedings and his felony conviction.

Whether Montenegro was eligible for a discretionary withholding of deportation under 212(c) of the Immigration and Nationality Act given the timing of the removal proceedings and his felony conviction.

Rule

The court applied the principle that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) repealed 212(c) of the Immigration and Nationality Act, making aliens convicted of an aggravated felony ineligible for relief. The court also noted that the retroactive application of IIRIRA does not violate the ex post facto clause as it applies only to criminal laws.

The court applied the principle that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) repealed 212(c) of the Immigration and Nationality Act, making aliens convicted of an aggravated felony ineligible for relief. The court also noted that the retroactive application of IIRIRA does not violate the ex post facto clause as it applies only to criminal laws.

Analysis

The court determined that Montenegro was not eligible for a discretionary waiver under 212(c) because his removal proceedings were initiated after the effective date of IIRIRA. The court explained that exceptions to this rule did not apply to Montenegro since he went to trial rather than pleading guilty, and thus did not rely on the continued availability of relief under 212(c). Furthermore, the court found that the IIRIRA's definition of 'conviction' applied to Montenegro's case, rendering him removable despite his pending appeals.

The court determined that Montenegro was not eligible for a discretionary waiver under 212(c) because his removal proceedings were initiated after the effective date of IIRIRA. The court explained that exceptions to this rule did not apply to Montenegro since he went to trial rather than pleading guilty, and thus did not rely on the continued availability of relief under 212(c). Furthermore, the court found that the IIRIRA's definition of 'conviction' applied to Montenegro's case, rendering him removable despite his pending appeals.

Conclusion

The court affirmed the decision of the district court, concluding that Montenegro was properly ordered removed based on his felony conviction.

The court affirmed the decision of the district court, concluding that Montenegro was properly ordered removed based on his felony conviction.

Who won?

The government prevailed in the case because the court upheld the removal order based on the legal framework established by IIRIRA, which rendered Montenegro ineligible for relief due to his aggravated felony conviction.

The government prevailed in the case because the court upheld the removal order based on the legal framework established by IIRIRA, which rendered Montenegro ineligible for relief due to his aggravated felony conviction.

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