Alatorre-Flores

United States v. Alatorre-Flores

Good Law
64 F. App'x 51
United States Court of Appeals for the Ninth CircuitApril 23, 2003No. 02-10190; D.C. No. CR-01-00170-1-SRBCalifornia344 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Alatorre-Flores appeals the district court’s order denying his motion to dismiss his indictment. In 1994, Flores pled guilty to transportation of three grams of methamphetamine. In 1997, the INS initiated removal proceedings pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), asserting that Flores’ 1994 conviction constituted an aggravated felony.

Flores contested his removal, claiming that his prior conviction did not constitute an aggravated felony. The Immigration Judge disagreed and ruled that IIRIRA precluded Flores from seeking discretionary relief from deportation. Flores was subsequently deported. He was arrested in Arizona two years later and indicted for illegal reentry. Flores moved to dismiss the indictment, challenging the validity of his original deportation. The motion was denied and Flores is currently serving a three-year sentence.

Essentially, Flores argues two points in this appeal: 1) that his 1994 conviction did not constitute an aggravated felony, and 2) that he should not have been precluded from applying for discretionary relief from the original deportation order. Both arguments fail.

Flores’ 1994…

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