Garcia-Tirado
United States v. Garcia-Tirado
Opinion
Lead Opinion
ORDER & MEMORANDUM **
Pedro Garcia-Tirado appeals his conviction for attempted entry after deportation in violation of 8 U.S.C. § 1326 , asserting that his underlying deportation order was constitutionally defective. We agree with Garcia-Tirado that the Immigration Judge’s (“IJ”) failure to inform him that he was eligible for section 212(c) relief violated his due process rights. Leon-Paz, 340 F.3d at 1005-07. However, after balancing Garcia-Tirado’s positive family and community equities against the seriousness of his crime, *** Matter of Edwards, 20 I. & N. Dec. 191, 195-96 , 1990 WL 385757 (1990), we conclude that Garcia-Tirado has not made out a “plausible” claim for relief under section 212(c). United States v. Arrieta, 224 F.3d 1076, 1079-80 (9th Cir.2000).
The negative equities — essentially Garcia-Tirado’s criminal conduct — are substantial. He was sentenced to four years in jail for practicing medicine without a license and raping one of his patients during a gynecological examination. The presentence report also shows a separate arrest for spousal abuse, and no objection was filed to this part of the report.