Narrative Opinion Summary
In this appellate case, the court reviewed the district court’s denial of a habeas corpus petition filed by a petitioner seeking relief from deportation. The petitioner challenged his removal on the grounds that his conviction, previously deemed an aggravated felony, should no longer be classified as such following a reversal in United States v. Rivera-Sanchez. The appellate court held jurisdiction under 28 U.S.C. § 1291 and applied the modified categorical approach established in Rivera-Sanchez, concluding that the petitioner's state conviction for transporting a controlled substance, while a felony under California law, did not meet the criteria of an aggravated felony under federal law because it was not punishable under the federal Controlled Substances Act. Additionally, the court noted that the expungement of the petitioner’s state conviction for simple possession nullified its immigration consequences. Consequently, the appellate court reversed the district court's decision, directing the granting of the habeas petition and the petitioner's immediate release. The decision was marked as non-precedential under Ninth Circuit Rule 36-3.
Legal Issues Addressed
Effect of State Conviction Expungement on Immigration Consequencessubscribe to see similar legal issues
Application: The expungement of Alvarado’s conviction for simple possession removes its immigration consequences, negating its use as a basis for deportation.
Reasoning: Moreover, the INS acknowledges that the expungement of Alvarado’s state conviction for simple possession removes its immigration consequences.
Habeas Corpus under 28 U.S.C. § 2241subscribe to see similar legal issues
Application: The appellate court reverses the district court’s denial of the habeas petition under 28 U.S.C. § 2241, indicating relief from removal was warranted.
Reasoning: Benjamin Alvarado-Ochoa appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition seeking relief from removal.
Modified Categorical Approach under Immigration Lawsubscribe to see similar legal issues
Application: The court applied the modified categorical approach from Rivera-Sanchez to determine that the state conviction did not meet the federal criteria for an aggravated felony.
Reasoning: The court applies Rivera-Sanchez's modified categorical approach, determining that a drug offense can be classified as an 'aggravated felony' under 8 U.S.C. § 1101(a)(43)(B) only if it is (1) punishable under the federal Controlled Substances Act and (2) classified as a felony.
Non-Publication of Court Decisionssubscribe to see similar legal issues
Application: The appellate court's decision is designated as non-precedential, limiting its citation in future cases.
Reasoning: The decision is not to be published or cited in future cases except as allowed by Ninth Circuit Rule 36-3.
Res Judicata in Immigration Proceedingssubscribe to see similar legal issues
Application: The court dismisses the government's res judicata argument, allowing Alvarado to relitigate the classification of his prior conviction due to a reversal by an en banc panel.
Reasoning: The government’s argument that Alvarado’s status as an aggravated felon is barred by res judicata is dismissed.