United States v. Rodrigo Chavez-Huerto

A detainee, told by an immigration judge of his right to appeal his order of deportation, waived his right to appeal and was deported. He returned to the United States illegally, was apprehended, and convicted of being an alien in the United States after deportation. He contends his waiver of his right to appeal his deportation was not knowing and intelligent because the immigration judge failed to tell him he could be charged with a felony on a later entry without permission. We affirm his conviction.

FACTS AND PROCEDURAL HISTORY

Appellant Rodrigo Chavez-Huerto (Chavez) was convicted of being an alien in the United States after deportation in violation of 8 U.S.C. § 1326 . On appeal he raises the single issue that his waiver of his right to appeal at his original deportation hearing was not knowing and intelligent because he was not informed of the possible consequences of his deportation, such as commission of a felony if he later re-entered the United States without permission.

At the deportation hearing in Seattle, the immigration judge told the fourteen detainees collectively that they had the right to be represented by a lawyer of their choice, but at their own cost. The…