Tavizon-Ruiz

United States v. Tavizon-Ruiz

Good Law
196 F. Supp. 3d 1076·2016 WL 4072337·2016 U.S. Dist. LEXIS 102905
United States District Court, Northern District of CaliforniaJuly 25, 2016Case No. 16-cr-00081-JD-1California1,226 words

Opinion

Lead Opinion

Donato, J.

ORDER RE INDICTMENT

Re: Dkt. No.

On February 25, 2016, defendant Jose Armando Tavizon-Ruiz was indicted under 8 U.S.C. § 1326 on one count of illegal reentry following deportation. Dkt. No. 1. The indictment alleges predicate removals from the United States in 1999 and 2006, id., based on narcotics convictions in Arizona. See Dkt. No. 18 at 2-3. Tavizon-Ruiz seeks dismissal of the indictment on the ground that a new interpretation of aggravated felonies under the Immigration and Nationality Act should be applied retroactively to invalidate the predicate removals. Dkt. No. 18. The Court held oral argument on July 14, 2016, and dismisses the indictment.

“Because the underlying removal serves as a predicate element of an illegal entry offense under § 1326, a defendant charged with that offense may collaterally attack the removal order under the due process clause.” United States v. Maldonado-Melgoza, 642 Fed.Appx. 737, 738 (9th *1078 Cir.2016) (internal quotation omitted). To bring a collateral attack, the defendant must show that: (1) he exhausted the administrative remedies available for seeking relief from the removal order; (2) the deportation proceedings “improperly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.