Hugo Armendariz-Montoya v. Roseanne C. Sonchik, District Director, Immigration and Naturalization Service
Opinion
Opinion
O'Scannlain, J.
We must decide whether deportation proceedings commence with the service of an order to show cause upon the alien or with the filing of such an order with the Immigration Court.
I
In 1972, Hugo Armendariz-Montoya (“Armendariz”) entered the United States without inspection from Mexico when he was three years old. In 1978, he adjusted his status to that of a lawful permanent resident. He has resided in the United States since his entry.
In 1994, the state of Arizona indicted Armendariz for possession of cocaine with the intent to distribute. Armendariz pleaded not guilty, electing a jury trial. In September 1995, he was convicted and sentenced to five years, eight months imprisonment. His subsequent appeals were unsuccessful.
On September 22, 1995, the Immigration and Naturalization Service (“INS”) lodged a detainer on Armendariz with the Arizona Department of Corrections. On April 5, 1996, the INS issued an order to show cause (“OSC”), charging Armendariz as deportable for having committed a qualifying controlled substance offense and an aggravated felony. See 8 U.S.C. § 1251 (a)(2)(A)(iii), (B)(i) (1994) (current version at 8 U.S.C. § 1227 (a)(2)(A)(iii), (B)(i)). On…