Santiago-Rodriguez

Opinion by Judge BERZON; Dissent by Judge CALLAHAN.

OPINION

This case requires us to decide whether an alien in removal proceedings can withdraw his former attorney’s admission of the Government’s factual allegations when the propriety of the admission has been severely undercut by subsequent legal developments that may, in fact, mean that the admission was false.

FACTUAL AND PROCEDURAL HISTORY

Julio Cesar Santiago-Rodriguez (“Santiago”), a native and citizen of Mexico, lawfully entered the United States in 1991 and became a lawful permanent resident (“LPR”) in June 1999. In December 1999, Santiago returned to Mexico to marry his fiancée Maria Maravilla Romero (“Maravilla”); they wed on December 21, 1999 in Villamar, Mexico. Following the wedding, Santiago and Maravilla traveled to Chiapas to spend time with Santiago’s family.

At some point, Maravilla told Santiago that she would like to accompany him back to the United States — that is, to enter illegally. While the couple was in Chiapas, Santiago’s brother, Luis, told Santiago the same thing. Santiago attempted to discourage both from entering the United States illegally, but to no avail. Accordingly, on or about January…

Before: BETTY B. FLETCHER, MARSHA S. BERZON, and CONSUELO M. CALLAHAN, Circuit Judges.

Opinion by Judge BERZON; Dissent by Judge CALLAHAN.

BERZON, Circuit Judge:

This case requires us to decide whether an alien in removal proceedings can withdraw his former attorney's admission of the Government's factual allegations when the propriety of the admission has been severely undercut by subsequent legal developments that may, in fact, mean that the admission was false.

Julio Cesar Santiago-Rodriguez ("Santiago"), a native and citizen of Mexico, lawfully entered the United States in 1991 and became a lawful permanent resident ("LPR") in June 1999. In December 1999, Santiago returned to Mexico to marry his fiancée Maria Maravilla Romero ("Maravilla"); they wed on December 21, 1999 in Villamar, Mexico. Following the wedding, Santiago and Maravilla traveled to Chiapas to spend time with Santiago's family.

At some point, Maravilla told Santiago that she would like to accompany him back to the United States—that is, to enter illegally. While the couple was in Chiapas, Santiago's brother, Luis, told Santiago the same thing. Santiago attempted to discourage both from entering the United…

dissenting:

After Santiago entered formal admissions to the allegations in the Notice to Appear and conceded removability, the Government agreed not to oppose his Motion to Change Venue. Now — several years and a couple of different attorneys later — Santiago seeks to withdraw his formal admissions. However, he has not shown either that the admissions he made were false, or that there are egregious circumstances compelling the withdrawal of those admissions. Accordingly, I respectfully dissent.

As the majority recognizes, the general legal framework for this case was set forth in Matter of Velasquez, 19 I. & N. Dec. 377 (BIA 1986), as follows:

Velasquez, 19 I. & N. Dec. at 382 (internal citations omitted).

Santiago cannot obtain relief here because he cannot show egregious circumstances compelling the withdrawal of his prior admissions. At the end of the day, several key facts remain undisputed. When Santiago was in Mexico marrying his wife, Santiago’s brother lived in Santiago’s house in Mexico. After the wedding, Santiago, his wife, and his brother traveled around Mexico, and they all took a plane together to Juarez, Mexico, right next to the United States border. Santiago…