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pleafelonyguilty plea
pleafelonyguilty plea

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Montoya v. Holder

Facts

In 2004, Montoya, a native of Mexico and lawful permanent resident of the United States, was convicted following a guilty plea in a Texas state court for 'possession with intent to deliver a controlled substance of four grams or more, but less than 200 grams, namely: cocaine' in violation of Texas Health and Safety Code 481.112(a). Montoya was later charged with removability under 8 U.S.C. 1227(a)(2)(A)(iii) for being convicted of an 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43)(B). When Montoya appeared before the IJ, he admitted to the Texas conviction and conceded removability.

In 2004, Montoya, a native of Mexico and lawful permanent resident of the United States, was convicted following a guilty plea in a Texas state court for 'possession with intent to deliver a controlled substance of four grams or more, but less than 200 grams, namely: cocaine' in violation of Texas Health and Safety Code 481.112(a). Montoya was later charged with removability under 8 U.S.C. 1227(a)(2)(A)(iii) for being convicted of an 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43)(B). When Montoya appeared before the IJ, he admitted to the Texas conviction and conceded removability.

Issue

Whether Montoya's conviction for possession with intent to deliver under Texas law constitutes an aggravated felony under the Immigration and Nationality Act, thereby rendering him ineligible for cancellation of removal.

Whether Montoya's conviction for possession with intent to deliver under Texas law constitutes an aggravated felony under the Immigration and Nationality Act, thereby rendering him ineligible for cancellation of removal.

Rule

The INA defines 'aggravated felony' to include 'illicit trafficking in a controlled substance… including a drug trafficking crime (as defined in section 924(c) of Title 18).' A state offense constitutes a 'felony punishable under the [CSA]' only if it proscribes conduct punishable as a felony under that federal law.

The INA defines 'aggravated felony' to include 'illicit trafficking in a controlled substance… including a drug trafficking crime (as defined in section 924(c) of Title 18).' A state offense constitutes a 'felony punishable under the [CSA]' only if it proscribes conduct punishable as a felony under that federal law.

Analysis

The court applied the rule by determining that Montoya's conviction for possession with intent to deliver was equivalent to possession with intent to distribute under federal law. The court referenced its previous decisions, particularly Vasquez-Martinez, which held that such a conviction is indeed an aggravated felony under the INA. The court found that the BIA did not err in concluding that Montoya was ineligible for cancellation of removal.

The court applied the rule by determining that Montoya's conviction for possession with intent to deliver was equivalent to possession with intent to distribute under federal law. The court referenced its previous decisions, particularly Vasquez-Martinez, which held that such a conviction is indeed an aggravated felony under the INA. The court found that the BIA did not err in concluding that Montoya was ineligible for cancellation of removal.

Conclusion

The court denied Montoya's petition for review, affirming the BIA's decision that his conviction constituted an aggravated felony under the INA.

The court denied Montoya's petition for review, affirming the BIA's decision that his conviction constituted an aggravated felony under the INA.

Who won?

The government prevailed in the case because the court upheld the BIA's determination that Montoya's conviction was an aggravated felony, thus making him ineligible for cancellation of removal.

The government prevailed in the case because the court upheld the BIA's determination that Montoya's conviction was an aggravated felony, thus making him ineligible for cancellation of removal.

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