Narrative Opinion Summary
The case involves an appeal by Gerardo Garcia-Orozco against his conviction and sentence of 70 months for illegal reentry after deportation, a violation of 8 U.S.C. § 1326(a). The court, exercising jurisdiction under 28 U.S.C. § 1291, addresses the validity of an appeal waiver contained within Garcia-Orozco's plea agreement. This waiver allowed for contestation of prior deportation contingent upon a petition for rehearing en banc in Morales-Izquierdo v. Ashcroft. However, following the ruling in Morales-Izquierdo v. Gonzales, which denied the right of a previously deported alien to an immigration judge hearing prior to deportation order reinstatement, Garcia-Orozco's challenge was deemed meritless. The court found no grounds to invalidate the guilty plea and thus enforced the waiver, dismissing the remaining aspects of the appeal. The decision was partially affirmed and partially dismissed, and it was noted that this ruling is unpublished and does not set a precedent, except under 9th Cir. R. 36-3.
Legal Issues Addressed
Challenge to Prior Deportation Orderssubscribe to see similar legal issues
Application: Garcia-Orozco's challenge to his prior deportation is rendered meritless by the ruling in Morales-Izquierdo v. Gonzales, which determined that a previously deported alien does not have the right to an immigration judge hearing before reinstatement of a deportation order.
Reasoning: However, a subsequent ruling in Morales-Izquierdo v. Gonzales determined that a previously deported alien does not have the right to an immigration judge hearing before the reinstatement of a deportation order, rendering Garcia-Orozco's challenge meritless.
Validity of Appeal Waivers in Plea Agreementssubscribe to see similar legal issues
Application: The court enforces the appeal waiver in Garcia-Orozco's plea agreement, finding it valid as it was made knowingly and voluntarily.
Reasoning: The appeal waiver is upheld as valid since it was made knowingly and voluntarily.