United States v. Luis Hernandez-Vermudez, AKA John Doe, AKA Luis Hernandez Vermudez, AKA Luis Hernandez-Bermudez, Aka, Luis Eduardo Hernandez

We hold today that an illegal alien who enters this country without inspection and commits an aggravated felony is subject to administrative removal pursuant to 8 U.S.C. § 1228 (b). Such an alien is treated just as one who was “admitted” to the United States and who then committed an aggravated felony. We reject the contention that Congress intended to exempt from expedited administrative removal aggravated felons who enter the country by sneaking in. Accord: Bazan Reyes v. INS, 256 F.3d 600, 605 (7th Cir.2001).

I. FACTS

In 1985, Hernandez-Vermudez, a citizen of Mexico, entered the United States illegally. In 1998, he was convicted in the Superior Court of California of two felonies, corporal injury to a child and corporal injury to a spouse, in violation of California Penal Code §§ 273.5(a), 273d(a). He was sentenced to two years imprisonment.

In March, 1999, while still in prison, Hernandez-Vermudez was served with an INS Notice of Intent to Issue a Final Administrative Removal Order. The notice contained a complete statement of his rights, including the right to seek judicial review of the final administrative order. Hernandez-Vermudez waived both his right to contest the…