Marmolejo-Campos
Marmolejo-Campos v. Gonzales
Opinion
Opinion
FACTS
Campos arrived in the United States in April of 1983. In 1990, Campos was convicted of felony theft. Campos was convicted of violating what was then Arizona Revised Stat- utes § 28-697(A)(1),1 aggravated driving under the influence (“DUI”), in April of 1997. At his change of plea hearing, Campos admitted that he was driving on that day, that his blood alcohol content was .164, and also that he did not have a valid license to drive. After his aggravated DUI conviction, in 2001 Campos obtained a waiver of inadmissibility and adjusted his status to lawful permanent resident.
On June 25, 2002, Campos pleaded guilty to another aggra- vated DUI. In his plea colloquy, Campos admitted running a red light, with a blood alcohol content of .233, and that he knew he was not licensed to drive at the time. Campos was sentenced to two and a half years in prison for his 2002 aggra- vated DUI conviction.
The Department of Homeland Security (“DHS”) filed a Notice to Appear with the Immigration Court, charging Cam- 1 Arizona Revised Statutes § 28-697 was renumbered to § 28-1383 in 1996. 1996 Ariz. Sess. Laws, ch. 76, §§ 3, 25 as amended by 1997 Ariz. Sess. Laws ch. 1, § 108 (effective Oct.…