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Keywords

pleaimmigration lawdeportationno contest plea
pleafelonyprobationimmigration lawno contest plea

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Ruiz-Vidal v. Lynch

Facts

Jose Reyes Alberto Ruiz-Vidal, a native and citizen of Mexico, has lived in the United States since 1976 as a lawful permanent resident. He faced deportation proceedings due to multiple methamphetamine-related charges. In 2009, he was charged with sale and possession for sale of methamphetamine but pleaded no contest to simple possession, a lesser included offense. The Department of Homeland Security later served him with a Notice to Appear, leading to a determination of his removability based on his conviction.

In 2009, California filed an Information charging Ruiz-Vidal with sale and possession for sale of a controlled substance, which the Information identified as methamphetamine. Ruiz-Vidal pleaded no contest to simple possessiona lesser included offense of the sale charge. He was sentenced to time served and five years felony probation.

Issue

Whether Ruiz-Vidal was removable due to his no contest plea to a lesser included offense when applying the modified categorical approach.

Whether Ruiz-Vidal was removable due to his no contest plea to a lesser included offense when we apply the modified categorical approach.

Rule

An alien is removable if the government proves by clear and convincing evidence that he has been convicted of certain offenses 'relating to a controlled substance' covered by the Controlled Substances Act (CSA). The modified categorical approach allows for the review of certain documents to determine the nature of the conviction.

An alien is removable if the government proves by clear and convincing evidence that he's been convicted of certain offenses 'relating to a controlled substance' covered by the Controlled Substances Act ('CSA'). 8 U.S.C. 1227(a)(2)(B)(i); see Cabantac v. Holder, 736 F.3d 787, 792 (9th Cir. 2013) (per curiam) (as amended).

Analysis

The court applied the modified categorical approach to determine that Ruiz-Vidal's conviction for possession of methamphetamine was a lesser included offense of the charge of sale of methamphetamine. The court reviewed the plea colloquy, charging information, and minute order, which confirmed that Ruiz-Vidal pleaded to the lesser included offense and admitted to the factual basis for his plea. The court concluded that the specific reference to methamphetamine in the charging document provided clear evidence of the nature of his conviction.

The court applied the modified categorical approach to analyze Ruiz-Vidal's conviction and determine whether it involved a substance included in the CSA. The court's minute orderanother document that's permissible to review under the modified categorical approach, see Leal-Vega, 680 F.3d at 1168confirms that Ruiz-Vidal pleaded to the lesser included offense of Count 1. It states that Ruiz-Vidal entered a plea to the 'lesser included/reasonably related offense' of 'Count 1' and indicates that Ruiz-Vidal stipulated that a factual basis existed for the plea.

Conclusion

The court affirmed the decision that Ruiz-Vidal was removable based on his conviction for possession of methamphetamine, as it was a lesser included offense of the charge of sale of methamphetamine.

Thus, even based only on the limited documents we're allowed to review, it's clear that Ruiz-Vidal pleaded to possession of methamphetamine.

Who won?

The government prevailed in the case, as the court found that Ruiz-Vidal's conviction for possession of methamphetamine constituted a removable offense under immigration law.

The government prevailed in the case, as the court found that Ruiz-Vidal's conviction for possession of methamphetamine constituted a removable offense under immigration law.

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