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Keywords

burden of proof
plea

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Ruiz-Vidal v. Gonzales

Facts

Jose Ruiz-Vidal, a Mexican national who immigrated to the U.S. in 1976, was charged with violating California Health & Safety Code for possession of methamphetamine. He pled guilty to one count of possession under Cal. Health & Safety Code 11377(a). The government initiated removal proceedings based on this conviction, asserting that it constituted a violation of federal law relating to controlled substances. Ruiz-Vidal contended that the government did not meet its burden of proving that the substance he was convicted of possessing was a controlled substance under federal law.

Jose Ruiz-Vidal is a 49 year-old Mexican national who legally immigrated to the United States in August 1976. On October 26, 1998, Ruiz-Vidal pleaded nolo contendere in California Superior Court to one count of criminal possession of methamphetamine, in violation of Cal. Health & Safety Code 11377(a) [**2] (the '1998 conviction'). Thereafter, the government sought to have Ruiz-Vidal removed from the United States on the basis of this conviction.

Issue

Did the Department of Homeland Security meet its burden of proving that Ruiz-Vidal was removable as an alien convicted of a law relating to a controlled substance?

We must decide whether the Department of Homeland Security has met its burden of proving that the petitioner is removable from the United States as an alien convicted of a law relating to a controlled substance.

Rule

The government must prove by 'clear, unequivocal, and convincing evidence' that the facts alleged as grounds for removability are true, specifically that the substance underlying an alien's state law conviction for possession is one that is covered by federal law.

The government must prove by 'clear, unequivocal, and convincing evidence that the facts alleged as grounds of [removability] are true.'

Analysis

The court determined that the Immigration Judge erred in concluding that any substance listed in Cal. Health & Safety Code 11377 was included within the federal ambit of the Controlled Substances Act. The court found that the record of conviction did not establish the specific substance Ruiz-Vidal was convicted of possessing, and thus the government failed to meet its burden of proof regarding removability.

The court found that the IJ erred in concluding that any substance listed in Cal. Health & Safety Code 11377 was included within the ambit of 21 U.S.C.S. 802. Therefore, the simple fact of a conviction under Cal. Health & Safety Code 11377 could not serve as the predicate offense for petitioner's removal.

Conclusion

The court granted the petition for review, reversed the order of removal, and remanded the matter to the BIA for further proceedings consistent with its opinion.

The court granted the petition for review. The court reversed the order of removal, and it remanded the matter to the BIA for disposition consistent with the court's opinion.

Who won?

Jose Ruiz-Vidal prevailed in the case because the court found that the government did not meet its burden of proving that he was removable based on his conviction.

The court found that the government failed to unequivocally establish the particular substance which petitioner was convicted of possessing and failed to meet its burden of proving that petitioner was removable.

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