Camacho-Lopez

FACTS AND PROCEDURAL HISTORY

Camacho was admitted to the United States as a lawful per- manent resident in 1978. He was later convicted on two counts of vehicular manslaughter with gross negligence, in violation of California Penal Code section 191.5(a). After his release from prison, Camacho was served with a Notice to Appear, alleging that Camacho was subject to removal because his conviction qualified as an aggravated felony.

At his deportation hearing, the IJ noted that Camacho had been convicted of vehicular manslaughter and therefore found “that the respondent is not eligible for withholding of removal even if he wished to file the said application, particularly (unintelligible) this court will pre-permit [sic] the respon- dent’s application for withholding should he (unintelligible) to file it.” The IJ then asked Camacho if he wanted to waive his right to appeal. Camacho responded that he “[di]dn’t have any other choice,” and accepted the order as final. The IJ then ordered Camacho’s removal to Mexico, which was executed on November 24, 1998.

Six years later, Camacho was found in the United States and indicted for illegal reentry following deportation in viola- tion of 8…