Antonio Reyes v. Loretta E. Lynch

Reyes is a citizen of Mexico. He first entered the United States without inspection in 1988. Reyes was convicted of driving under the influence in 2003. In the same year, he was detained by immigration officials, but was granted voluntary departure. Reyes pleaded nolo contendere, and was found guilty, of being “under the influence of a controlled substance, methamphetamine,” in violation of California Health and Safety. Code § 11550(a) in 2008. The judgment in that case suspended imposition of sentence • and Reyes was placed on “formal probation for a period of 36 months.” During his three years of probation, he was subject to these limitations on his liberty, among others:

He was also fined $289.38, including $100 in restitution.

Upon successful completion of his three years of probation, the California Superior Court set aside Reyes’s nolo contendere plea, dismissed the criminal case against him, and terminated his probation.

In 2014, Reyes was charged with being removable from the United States by the Department of Homeland Security. The basis for removing him was that he had no right to be in the United States at all, having entered without inspection and having…