United States v. Gil Leon-Paz
Opinion
Opinion
Fernandez, J.
Gil Leon-Paz appeals his conviction and sentence for reentry after having been deported. 8 U.S.C. § 1326 (a). He asserts that he was denied due process at his deportation hearing, and, as a result, his conviction cannot stand. We vacate and remand.
BACKGROUND
Leon, who is a native and citizen of Mexico, obtained temporary residence status as a special agricultural worker in 1988, and became a lawful permanent resident in December of 1990. Thereafter, he committed a number of crimes. The last resulted in a burglary conviction on October 12, 1995, at which time he pled guilty and was sentenced to four years in state prison.
On October 10, 1997, the Immigration and Naturalization Service initiated removal proceedings against Leon by serving him with a Notice to Appear. That notice alleged that he was deportable because of his first degree burglary conviction on October 12, 1995, which constituted an aggravated felony. At his removal hearing, Leon acknowledged his conviction and the Immigration Judge informed him that he was not eligible for any form of relief because his aggravated felony conviction barred relief from removal. The IJ then ordered Leon removed from the…