Andrade-Partida
United States v. Andrade-Partida
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER
Now before the Court is defendant’s motion to dismiss the charge against him. Defendant Lorenzo David Andrade-Parti-da is charged with one count of illegal reentry in violation of 8 U.S.C. § 1326 . Defendant was deported from the United States on November 26, 1996, and was found in the country again in 1999. He alleges that his 1996 deportation hearing was fundamentally unfair because the presiding immigration judge effectively denied him the right to appeal his deportation order to the Board of Immigration Appeals and the federal court of appeals.
BACKGROUND
Defendant entered the United States in the 1970’s, and has lived in this country for most of his life. Prior to his deportation, he was convicted of three felonies in the United States: (1) in 1991, for receiving stolen property; (2) in 1994, for accessory; and (3) in 1996, for felon in possession of a firearm.
Defendant was deported in November 1996 after a mass deportation hearing involving 21 other aliens. At the hearing, the immigration judge (“IJ”) spoke to the aliens in English with the assistance of a Spanish interpreter. The IJ spoke to the group concerning the nature of the proceedings and…