United States v. Norberto Reveles-Espinoza

I. Factual and Procedural Background

Reveles-Espinoza was born in Mexico and was admitted to the United States from Mexico as an immigrant in 1965. He was convicted in Los Angeles County Superior Court of fel- ony cultivation of marijuana under California Health and Safety Code § 11358 in August 1999. In 2003, he was noti- fied to appear before an immigration judge (IJ) based on the government’s contention that he was deportable because of conviction for a “controlled substance offense.” At the hear- ing, Reveles-Espinoza conceded removability because of his conviction for a “drug offense.” He admitted he had previ- ously been convicted of heroin possession in 1989 and 1994. The government asserted that Reveles-Espinoza had also been convicted of battery against a police officer in 1981 and unreasonable noise in 2003.

The IJ ruled that Reveles-Espinoza would have been able to apply for a waiver if he had only the heroin and noise con- victions, but because his most recent conviction for cultiva- tion of marijuana was an aggravated felony, he was not eligible for any relief. The IJ ordered him removed from the United States. He appealed the removal to the Board of Immi- gration…