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Keywords

jurisdictionappealhearingplealeasefelonyimmigration lawdeportationnaturalizationliens
jurisdictionappealhearingplealeasefelonyimmigration lawdeportationnaturalizationliens

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Renteria-Gonzalez v. Immigration and Naturalization Service

Facts

Renteria-Gonzalez, a citizen of Mexico, obtained temporary resident status in the United States in 1987. In 1989, he pleaded guilty to transporting illegal aliens within the United States and was sentenced to six months' confinement and three years' supervised release. The INS began deportation proceedings in 1990 based on his unlawful entry and later issued another order in 1994 based on his alien smuggling activities. After extensive hearings, the IJ found Renteria-Gonzalez deportable.

Renteria-Gonzalez, a citizen of Mexico, obtained temporary resident status in the United States in 1987. In 1989, he pleaded guilty to transporting illegal aliens within the United States and was sentenced to six months' confinement and three years' supervised release. The INS began deportation proceedings in 1990 based on his unlawful entry and later issued another order in 1994 based on his alien smuggling activities. After extensive hearings, the IJ found Renteria-Gonzalez deportable.

Issue

Whether the Immigration Judge and the Board of Immigration Appeals had jurisdiction over Renteria-Gonzalez's case given the alleged termination of his temporary resident status and whether his conviction constituted an aggravated felony under the Immigration and Nationality Act.

Whether the Immigration Judge and the Board of Immigration Appeals had jurisdiction over Renteria-Gonzalez's case given the alleged termination of his temporary resident status and whether his conviction constituted an aggravated felony under the Immigration and Nationality Act.

Rule

The court applied the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and its transitional rule, which withdraws jurisdiction from federal courts to review final orders of removal against aliens who are removable by reason of having committed an aggravated felony.

The court applied the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and its transitional rule, which withdraws jurisdiction from federal courts to review final orders of removal against aliens who are removable by reason of having committed an aggravated felony.

Analysis

The court determined that Renteria-Gonzalez's conviction for transporting illegal aliens did not qualify as an aggravated felony under pre-IIRIRA immigration law, thus maintaining jurisdiction over the petition. The court found that the BIA had substantial evidence to support the INS's order of removal and that the alien had a fair opportunity to contest the evidence against him.

The court determined that Renteria-Gonzalez's conviction for transporting illegal aliens did not qualify as an aggravated felony under pre-IIRIRA immigration law, thus maintaining jurisdiction over the petition. The court found that the BIA had substantial evidence to support the INS's order of removal and that the alien had a fair opportunity to contest the evidence against him.

Conclusion

The court denied Renteria-Gonzalez's petition for review, affirming the BIA's final order of removal.

The court denied Renteria-Gonzalez's petition for review, affirming the BIA's final order of removal.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court found substantial evidence supporting the order of removal and determined that the alien's prior conviction did not strip the court of jurisdiction.

The Immigration and Naturalization Service prevailed in the case because the court found substantial evidence supporting the order of removal and determined that the alien's prior conviction did not strip the court of jurisdiction.

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