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Keywords

defendantappealhearingdue processdeportationnaturalization
defendantappealhearingdue processdeportationnaturalization

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Ubaldo-Figueroa; U.S. v.

Facts

Defendant, a legal permanent resident, pled guilty to attempted first-degree burglary of a dwelling, which was not a deportable offense at that time. Approximately five years later, the Immigration and Naturalization Service retroactively applied 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and defendant was deported based upon the attempted burglary conviction. The appellate court determined that defendant's underlying deportation hearing deprived him of due process because the immigration judge (IJ) failed to inform him of his right to appeal the removal order and failed to inform him of his possible eligibility for relief from deportation under former 212(c) (8 U.S.C.S. 1182(c)(repealed)) of the Immigration and Nationality Act.

Defendant, a legal permanent resident, pled guilty to attempted first-degree burglary of a dwelling, which was not a deportable offense at that time. Approximately five years later, the Immigration and Naturalization Service retroactively applied 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and defendant was deported based upon the attempted burglary conviction. The appellate court determined that defendant's underlying deportation hearing deprived him of due process because the immigration judge (IJ) failed to inform him of his right to appeal the removal order and failed to inform him of his possible eligibility for relief from deportation under former 212(c) (8 U.S.C.S. 1182(c)(repealed)) of the Immigration and Nationality Act.

Issue

Whether the defendant's due process rights were violated during his removal proceedings, specifically regarding the failure to inform him of his right to appeal and his eligibility for relief from deportation.

Whether the defendant's due process rights were violated during his removal proceedings, specifically regarding the failure to inform him of his right to appeal and his eligibility for relief from deportation.

Rule

An alien has a Fifth Amendment right to collaterally attack his removal order if the removal order serves as a predicate element of his conviction, and due process requires that an immigration judge inform an alien of his right to appeal a removal order.

An alien has a Fifth Amendment right to collaterally attack his removal order if the removal order serves as a predicate element of his conviction, and due process requires that an immigration judge inform an alien of his right to appeal a removal order.

Analysis

The court found that the IJ's failure to inform Ubaldo-Figueroa of his right to appeal and his eligibility for relief under former INA 212(c) constituted a violation of his due process rights. The court noted that the IJ did not ensure that Ubaldo-Figueroa understood his rights, which rendered his waiver of the right to appeal invalid. The court concluded that Ubaldo-Figueroa had at least one plausible challenge to his removal order based on his eligibility for relief.

The court found that the IJ's failure to inform Ubaldo-Figueroa of his right to appeal and his eligibility for relief under former INA 212(c) constituted a violation of his due process rights. The court noted that the IJ did not ensure that Ubaldo-Figueroa understood his rights, which rendered his waiver of the right to appeal invalid. The court concluded that Ubaldo-Figueroa had at least one plausible challenge to his removal order based on his eligibility for relief.

Conclusion

The appellate court affirmed the district court's due process decision and reversed the district court's harmless error ruling. The appellate court reversed the convictions.

The appellate court affirmed the district court's due process decision and reversed the district court's harmless error ruling. The appellate court reversed the convictions.

Who won?

Defendant prevailed in the case because the appellate court found that his due process rights were violated during the removal proceedings, which affected the validity of his convictions.

Defendant prevailed in the case because the appellate court found that his due process rights were violated during the removal proceedings, which affected the validity of his convictions.

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