United States v. Jose Alvarado-Pineda

In this appeal, we must decide whether a defendant convicted of second-degree robbery under section 9A.56.190 of the Revised Code of Washington and sentenced to prison for at least one year has been convicted of an aggravated felony under federal law. We hold that he has.

I. Background

Jose Alvarado-Pineda is a 29-year-old Mexican national who first entered the United States in about 2003. In 2004, he stole a wallet in Seattle, Washington, and was convicted of second-degree robbery in violation of section 9A.56.190 • of the Revised Code of Washington. In 2005, while serving a 14-month prison sentence, he was served with a notice informing him of the Department of Homeland Security (“DHS”)’s intent to issue a final administrative removal order. The notice alleged that Alvarado-Pineda had been convicted of an aggravated felony — the robbery— and charged him as removable on that basis. Alvarado-Pineda signed the portion of the notice admitting the allegations and the charge, and waiving his right to an appeal. He was removed to Mexico three days later.

Over the next six years, Alvarado-Pine-da reentered the United States three times. Each time, he was apprehended. After…