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Keywords

plealeasefelonynaturalizationliensguilty plea
plealeasefelonynaturalizationliensguilty plea

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Torres-Rascon v. Heston

Facts

Salvador Torres-Rascon is a Mexican citizen who entered the United States in 1965 and became a lawful permanent resident. In 1991, he pleaded guilty to federal charges of distributing and conspiring to distribute cocaine, and he was sentenced to ninety-seven months in prison. When Torres-Rascon was released from prison in 1998 after serving seventy-eight months of his sentence, he was taken into custody by the Immigration and Naturalization Service, which initiated proceedings to remove him based on these convictions.

Salvador Torres-Rascon is a Mexican citizen who entered the United States in 1965 and became a lawful permanent resident. In 1991, he pleaded guilty to federal charges of distributing and conspiring to distribute cocaine, and he was sentenced to ninety-seven months in prison. When Torres-Rascon was released from prison in 1998 after serving seventy-eight months of his sentence, he was taken into custody by the Immigration and Naturalization Service, which initiated proceedings to remove him based on these convictions.

Issue

Whether Torres-Rascon was eligible for a waiver of removal under 8 U.S.C. 1182(c) given his convictions for aggravated felonies and the time served in prison.

Whether Torres-Rascon was eligible for a waiver of removal under 8 U.S.C. 1182(c) given his convictions for aggravated felonies and the time served in prison.

Rule

Congress prospectively eliminated aliens' eligibility for 1182(c) waivers but did not retroactively eliminate the eligibility of aliens who pleaded guilty prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Congress prospectively eliminated aliens' eligibility for 1182(c) waivers but did not retroactively eliminate the eligibility of aliens who pleaded guilty prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Analysis

The court applied the rule by evaluating Torres-Rascon's eligibility for a 1182(c) waiver under the version of the law in effect at the time of his guilty plea, which provided that he was ineligible because he had been convicted of one or more aggravated felonies and had served for such felony or felonies a term of imprisonment of at least five years. The commonsensical reading of 1182(c) was deemed correct, indicating that an alien like Torres-Rascon was ineligible for a waiver because he was convicted of aggravated felonies for which he had served more than five years in prison by the time he was subjected to removal proceedings.

The court applied the rule by evaluating Torres-Rascon's eligibility for a 1182(c) waiver under the version of the law in effect at the time of his guilty plea, which provided that he was ineligible because he had been convicted of one or more aggravated felonies and had served for such felony or felonies a term of imprisonment of at least five years. The commonsensical reading of 1182(c) was deemed correct, indicating that an alien like Torres-Rascon was ineligible for a waiver because he was convicted of aggravated felonies for which he had served more than five years in prison by the time he was subjected to removal proceedings.

Conclusion

The court affirmed the judgment of the district court.

The court affirmed the judgment of the district court.

Who won?

The government prevailed in the case because the court found that Torres-Rascon was ineligible for a waiver of removal due to his convictions and the time served.

The government prevailed in the case because the court found that Torres-Rascon was ineligible for a waiver of removal due to his convictions and the time served.

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