United States v. Jose Gonzalez-Mendoza
Opinion
Opinion
Noonan, J.
Jose Gonzalez-Mendoza (Gonzalez) appeals his conviction of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We remand.
BACKGROUND
On October 6, 1987 a person named “Jose Alonzo” was arrested in Los Ange-les, California for possession of cocaine for sale in violation of California Health and Safety Code § 11351. On December 17, 1987 Jose Alonzo entered a guilty plea to the lesser included offense of possession of cocaine in violation of Health and Safety Code § 11350(a). In the present proceeding a fingerprint expert for the government testified that the fingerprints taken of Jose Alonzo while in state custody were the same as those of Gonzalez.
Gonzalez was deported on December 23, 1988 following a mass deportation hearing before an Immigration Judge for 16 aliens, none of whom spoke English and none of whom were represented by counsel. The group was advised by the Immigration Judge, speaking through an interpreter, that they had a right to counsel, a right to present evidence, a right to continuance, and a right to appeal his ruling. Having ruled that each was deportable, the Immigration Judge asked anyone who was interested in an appeal to…