United States v. Roberto Bustos-Ochoa

We must decide whether an alien charged with illegal reentry after deportation may collaterally attack his removal order by claiming that an immigration judge failed to advise him about relief for which he was statutorily ineligible.

I

Bustos-Ochoa, a native and citizen of Mexico, first entered the United States in 2002 without being admitted or inspected. Less than a year later, he was served with a Notice to Appear alleging that he was removable as “an alien present in the United States who has not been admitted or paroled.”

Prior to his removal hearing, Bustos-Ochoa had been convicted of three crimes'—une of which was a felony charge for “possession for purpose of sale a controlled substance, to wit: methamphetamine” in violation of California Health & Safety Code § 11378. Bustos-Ochoa stated that he “did unlawfully have in [his] possession for purpose of sale, methamphetamine” in his signed guilty plea.

Bustos-Ochoa appeared before the immigration judge (IJ) in removal proceedings. While questioning Bustos-Ochoa under oath, the IJ asked whether he had ever been convicted of any crimes in the United States. Initially, Bustos-Ochoa denied having any convictions, but…