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Keywords

defendantmotionfelonydeportationjudicial reviewliensmotion to dismiss
defendantmotionfelonydeportationjudicial reviewliensmotion to dismiss

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Rojas-Pedroza; U.S. v.

Facts

Rojas entered the United States illegally in 1982 and has lived there intermittently without legal status. He has multiple criminal convictions, including a 2008 conviction for aiding and abetting the transportation of illegal aliens, which is considered an aggravated felony. Rojas was removed from the United States on five occasions and illegally reentered each time. After his April 2010 removal, he was indicted in August 2010 under 8 U.S.C. 1326(a) and (b).

Rojas entered the United States illegally in 1982 and has lived there intermittently without legal status. He has multiple criminal convictions, including a 2008 conviction for aiding and abetting the transportation of illegal aliens, which is considered an aggravated felony. Rojas was removed from the United States on five occasions and illegally reentered each time. After his April 2010 removal, he was indicted in August 2010 under 8 U.S.C. 1326(a) and (b).

Issue

Did the district court err in denying Rojas's motion to dismiss the indictment based on the claim that his prior removal order was invalid?

Did the district court err in denying Rojas's motion to dismiss the indictment based on the claim that his prior removal order was invalid?

Rule

To challenge a prior removal order under 8 U.S.C. 1326(d), a defendant must demonstrate that (1) the alien exhausted any administrative remedies available to seek relief against the order; (2) the deportation proceedings improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.

To challenge a prior removal order under 8 U.S.C. 1326(d), a defendant must demonstrate that (1) the alien exhausted any administrative remedies available to seek relief against the order; (2) the deportation proceedings improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.

Analysis

The court found that even if Rojas succeeded in his challenge to the 2010 removal order, it would not affect the indictment's charge under 8 U.S.C. 1326(a) because the government relied on evidence of other removals to prove its case. Rojas failed to show that the 1998 removal order was fundamentally unfair, as he could not demonstrate that an immigration judge would have granted him voluntary departure.

The court found that even if Rojas succeeded in his challenge to the 2010 removal order, it would not affect the indictment's charge under 8 U.S.C. 1326(a) because the government relied on evidence of other removals to prove its case. Rojas failed to show that the 1998 removal order was fundamentally unfair, as he could not demonstrate that an immigration judge would have granted him voluntary departure.

Conclusion

The appellate court affirmed the conviction and sentence, concluding that the district court did not err in its rulings regarding the validity of the removal order and the admission of evidence.

The appellate court affirmed the conviction and sentence, concluding that the district court did not err in its rulings regarding the validity of the removal order and the admission of evidence.

Who won?

The United States prevailed in the case because the appellate court found no error in the district court's decisions regarding the validity of the removal order and the admission of evidence.

The United States prevailed in the case because the appellate court found no error in the district court's decisions regarding the validity of the removal order and the admission of evidence.

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