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Keywords

defendantpleamotionimmigration lawdeportationjudicial reviewmotion to dismiss
defendantpleamotionimmigration lawdeportationjudicial reviewmotion to dismiss

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United States v. Saldivar-Vargas

Facts

Defendant, a citizen of Mexico, was granted legal permanent resident status in 1990. He pleaded guilty to rape in 1994 and served one year in jail. At that time, he was not deportable under immigration laws. However, after the enactment of the AEDPA and IIRIRA, he was found removable as an aggravated felon. The immigration judge did not inform him of the possibility of discretionary relief under 212(c), and he was subsequently removed from the U.S. The defendant later moved to dismiss the indictment for being found in the U.S. again.

Defendant, a citizen of Mexico, was granted legal permanent resident status on December 1, 1990. On April 7, 1994, defendant pleaded guilty to rape by a foreign object. He served 365 days, or one year, in county jail. Under the immigration laws then in effect, defendant was not deportable or removable. After his conviction, Congress made sweeping changes to the immigration laws by passage of the Antiterrorism and Effective Death Penalty Act of 1996 ('AEDPA'), P.L. 104-132, and the Illegal Immigration Reform and Immigrant Responsibility Act ('IIRIRA'), P.L. 104-208. Subsequently, in July 1997, defendant was found removable by an immigration judge ('IJ') for being an aggravated felon.

Issue

Whether the defendant's prior removal proceeding can be used to demonstrate that he was previously removed, given the immigration judge's failure to inform him of his eligibility for discretionary relief.

Whether the defendant's prior removal proceeding can be used to demonstrate that he was previously removed, given the immigration judge's failure to inform him of his eligibility for discretionary relief.

Rule

An alien may not challenge the validity of a deportation order unless they demonstrate that they exhausted any administrative remedies, were deprived of the opportunity for judicial review, and that the entry of the order was fundamentally unfair.

In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order. . . unless the alien demonstrates that — (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceeding at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.

Analysis

The court analyzed whether the defendant was deprived of the opportunity for judicial review due to the immigration judge's failure to inform him of his right to apply for relief. It concluded that although the judge did not inform him of the relief, the defendant was not eligible for it based on his conviction and the changes in the law that occurred after his plea.

The court analyzed whether the defendant was deprived of the opportunity for judicial review due to the immigration judge's failure to inform him of his right to apply for relief. It concluded that although the judge did not inform him of the relief, the defendant was not eligible for it based on his conviction and the changes in the law that occurred after his plea.

Conclusion

The court denied the defendant's motion to dismiss the indictment, holding that he was not deprived of judicial review because he was never eligible for the discretionary relief he claimed.

The court denied the defendant's motion to dismiss the indictment, holding that he was not deprived of judicial review because he was never eligible for the discretionary relief he claimed.

Who won?

The United States prevailed in the case because the court found that the defendant's prior removal was valid and that he was not entitled to the relief he sought.

The United States prevailed in the case because the court found that the defendant's prior removal was valid and that he was not entitled to the relief he sought.

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