Interian-Mata

United States v. Interian-Mata

Good Law
363 F. Supp. 2d 1246·2005 WL 758192·2005 U.S. Dist. LEXIS 10441
United States District Court, Southern District of CaliforniaApril 1, 200503 CR 0048 BTMCalifornia3,673 words

Opinion

Opinion

Moskowitz, J.

ORDER DENYING MOTION TO DISMISS ON REMAND

On December 13, 2004, the Ninth Circuit remanded the case to this Court to determine whether Defendant Interian-Mata was prejudiced by the Immigration Judge’s failure to inform him of his eligibility for § 212(c) relief. The Defendant has renewed his motion to dismiss the indictment. Defendant also moves to dismiss the indictment on the ground that he was prejudiced by the Immigration Judge’s failure to inform him that he could challenge the retroactive application of § 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The parties have submitted renewed briefing on the issue of prejudice and the Court has held oral argument in this matter. For the reasons expressed below, the Court finds that Defendant did not suffer prejudice and therefore it is the holding of this Court that the judgment and sentence shall remain in force.

I. Background

In 1995, Defendant, a legal permanent resident of the United States, pled guilty to forcible rape and was sentenced to three years imprisonment. Under the law in effect in 1995, Defendant could be deported if he had committed an “aggravated felony.” However, at the time,…

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