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Keywords

defendantstatutedue processjudicial review
defendantdue processjudicial review

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United States v. Guzman-Velasquez

Facts

Guzman, a citizen of El Salvador, entered the U.S. without authorization in 1998 and was placed in removal proceedings. After being granted voluntary departure, which converted to a removal order when he failed to leave, he applied for TPS due to earthquakes in El Salvador. His application was denied by USCIS for lack of documentation, and he was removed in 2007. After returning to the U.S. without authorization, he was indicted for illegal reentry in 2016.

Guzman, a citizen of El Salvador, entered the U.S. without authorization in 1998 and was placed in removal proceedings. After being granted voluntary departure, which converted to a removal order when he failed to leave, he applied for TPS due to earthquakes in El Salvador. His application was denied by USCIS for lack of documentation, and he was removed in 2007. After returning to the U.S. without authorization, he was indicted for illegal reentry in 2016.

Issue

Whether Guzman could challenge the indictment for illegal reentry based on alleged due process violations in the denial of his TPS application.

Whether Guzman could challenge the indictment for illegal reentry based on alleged due process violations in the denial of his TPS application.

Rule

Under 8 U.S.C. 1326(d), a defendant may collaterally attack a removal order if they show they exhausted administrative remedies, were deprived of judicial review, and the removal order was fundamentally unfair. However, this statute limits challenges to removal orders, not TPS denials.

Under 8 U.S.C. 1326(d), a defendant may, as a statutory defense, collaterally attack the order underlying his prior removal if he shows that (1) he exhausted any available administrative remedies against the removal order, (2) he was 'improperly deprived . . . of the opportunity for judicial review' in his removal proceeding, and (3) 'the entry of the [removal] order was fundamentally unfair.'

Analysis

The court found that Guzman's argument did not meet the requirements for a due process violation as outlined in Mendoza-Lopez. Guzman failed to assert that the adjudication of his TPS application was fundamentally unfair, as USCIS had reviewed his application and requested additional documentation, which he did not provide. Therefore, the court concluded that Guzman's indictment for illegal reentry was valid.

The court found that Guzman's argument did not meet the requirements for a due process violation as outlined in Mendoza-Lopez. Guzman failed to assert that the adjudication of his TPS application was fundamentally unfair, as USCIS had reviewed his application and requested additional documentation, which he did not provide. Therefore, the court concluded that Guzman's indictment for illegal reentry was valid.

Conclusion

The court affirmed the district court's judgment, concluding that Guzman's indictment for illegal reentry would not be dismissed.

The court affirmed the district court's judgment, concluding that Guzman's indictment for illegal reentry would not be dismissed.

Who won?

The United States prevailed in the case because the court upheld the indictment against Guzman, finding no due process violation in the TPS application process.

The United States prevailed in the case because the court upheld the indictment against Guzman, finding no due process violation in the TPS application process.

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