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Keywords

felonymisdemeanormens rea
defendantstatutefelonymisdemeanorprobation

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Vasquez-Gonzalez; U.S. v.

Facts

Gonzalo Vasquez-Gonzalez, a Mexican citizen, was brought to the U.S. at age five and became a legal permanent resident at fourteen. He had a history of criminal activity, including felony grand theft and misdemeanor battery, and was convicted of assault with a deadly weapon after stabbing a man. Following his removal from the U.S. in 1999 due to his aggravated felony conviction, he illegally reentered the country and was later charged with illegal reentry.

Vasquez was brought by his mother to the United States when he was five years old, and he became a legal permanent resident when he was fourteen. He graduated from high school in 1993. In 1994, Vasquez was arrested for felony grand theft from a person. The same day, he was arrested for misdemeanor battery arising out of a separate incident with a different victim. He was convicted of both crimes and sentenced to 180 days of imprisonment and 36 months of probation. Just over six months after his conviction, Vasquez stabbed a man on the street after stealing two bottles of beer from him. He was convicted of assault with a deadly weapon pursuant to California Penal Code 245(a)(1), and he was sentenced to four years of imprisonment.

Issue

Whether Vasquez's conviction for assault with a deadly weapon under California Penal Code 245(a)(1) qualifies as a crime of violence under 18 U.S.C. 16(a) and whether he was eligible for discretionary relief from removal.

This case presents the question whether a conviction for assault with a deadly weapon or instrument other than a firearm or by means of force likely to produce great bodily injury under California Penal Code 245(a)(1), as it was written prior to [*1064] its amendment in 2011, qualifies as a conviction for a 'crime of violence' within the meaning of 18 U.S.C. 16(a). We hold that it does.

Rule

A conviction for illegal reentry under 8 U.S.C. 1326 requires a valid removal order, which can be challenged through a collateral attack if the underlying removal was invalid. A crime of violence is defined under 18 U.S.C. 16(a) as an offense that has as an element the use, attempted use, or threatened use of physical force against another person.

A [**3] valid removal order is a predicate element of a conviction for illegal reentry under 1326. A defendant may therefore challenge a conviction for illegal reentry by collaterally attacking his underlying removal.

Analysis

The court applied the categorical approach to determine that Vasquez's conviction for assault under California law required an intentional use of force, satisfying the mens rea requirement of 18 U.S.C. 16(a). The court concluded that the nature of the assault conviction, combined with Vasquez's criminal history, indicated that it was not plausible he would have received relief from removal.

To determine whether Vasquez's state law conviction qualifies as a crime of violence, we apply the categorical approach laid out in Taylor v. United States, 495 U.S. 575, 110 S. Ct. 2143, 109 L. Ed. 2d 607 (1990). The categorical approach requires us to compare the elements of the state statute of conviction to the elements of the generic federal crime, and then to determine whether the full range of conduct covered by the state statute falls within the conduct covered by the federal statute.

Conclusion

The Ninth Circuit affirmed Vasquez's conviction for illegal reentry, concluding that his prior conviction was a crime of violence and that he was not eligible for relief from removal.

We affirm Vasquez's conviction for illegal reentry.

Who won?

The United States prevailed in the case, as the court upheld Vasquez's conviction for illegal reentry based on the categorization of his prior conviction as a crime of violence.

The Ninth Circuit affirmed Vasquez's conviction for illegal reentry, concluding that his prior conviction was a crime of violence and that he was not eligible for relief from removal.

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