Galvan-Munoz
United States v. Galvan-Munoz
Opinion
Lead Opinion
MEMORANDUM **
Francisco Galvan-Muñoz appeals his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . The facts underlying the deportation are as follows.
On April 14, 1995, Galvan-Muñoz pled guilty to robbery in violation of California Penal Code section 211. On May 9, 1995, Galvan-Muñoz was sentenced to 365 days custody, five years probation, and a $200 fine. At that time, robbery with a sentence of less than five years imprisonment was not an aggravated felony and did not render one deportable. Additionally, at the time of Galvan-Muñoz’s guilty plea, the Immigration and Nationality Act (“INA”) section 212(c) permitted an alien convicted of a deportable offense to seek discretionary relief from deportation from the Attorney General, provided that the alien met certain eligibility requirements. See 8 U.S.C. § 1182 (c) (1995).
On April 24, 1996, Congress amended the INA through the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). AEDPA expanded the category of criminal convictions that would render.an alien ineligible to apply for INA section 212(c) discretionary relief from deportation. As relevant…