United States v. Jose Jesus Camacho-Lopez

Jose Jesus Camacho-Lopez (“Camacho”) appeals his conviction for illegal reentry following deportation, arguing that a defect in his earlier deportation proceeding&emdash;the Immigration Judge’s (“IJ”) advice that Camacho was ineligible for discretionary relief because of his vehicular manslaughter conviction&emdash;invalidates his deportation order and appeal waiver, thereby rendering an essential element of his conviction missing. We agree.

FACTS AND PROCEDURAL HISTORY

Camacho was admitted to the United States as a lawful permanent resident in 1978. He was later convicted on two counts of vehicular manslaughter with gross negligence, in violation of California Penal Code section 191.5(a). After his release from prison, Camacho was served with a Notice to Appear, alleging that Camacho was subject to removal because his conviction qualified as an aggravated felony.

At his deportation hearing, the IJ noted that Camacho had been convicted of vehicular manslaughter and therefore found “that the respondent is not eligible for withholding of removal even if he wished to file the said application, particularly (unintelligible) this court will pre-permit [sic] the respondent’s…