Interian-Mata
United States v. Interian-Mata
Opinion
Lead Opinion
*224 MEMORANDUM *
Santos Interian-Mata appeals the district court’s denial of his motion to dismiss a charge of being found in the United States after being removed, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the denial of a motion to dismiss an 8 U.S.C. § 1326 indictment when the motion is based on alleged due process defects in an underlying deportation proceeding. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (2004).
In 1995, Interian-Mata, a legal permanent resident (“LPR”) of the United States, pled guilty to forcible rape. Under the law in effect in 1995, an LPR could be deported for committing an “aggravated felony.” Interian-Mata’s rape conviction was not categorized as an “aggravated felony.” One year later, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). IIRIRA § 321 retroactively expanded the definition of “aggravated felony” and § 304 repealed the discretionary relief previously available under INA § 212(c).
In August 1999, the INS informed Interian-Mata that his 1995 conviction rendered him deportable. Interian-Mata indicated his intention to…