Bucio
Bucio v. Department of Homeland Security
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Ramon Bucio brought this habeas corpus petition, under 28 U.S.C. § 2241 , against the federal government in 2002. He appeals the district court’s dismissal of the petition.
Petitioner is a citizen of Mexico. In 1991 he was convicted in California state court of possessing narcotics for sale. He received a nine-year sentence.
On the basis of his narcotics conviction the federal government ordered Petitioner to be deported. After his release from state prison, at a hearing before an immigration judge (IJ), Petitioner admitted that he was deportable because he had committed a crime involving a controlled substance, which also was an aggravated felony. The IJ denied relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c), as amended by Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996). On appeal, the Board of Immigration Appeals affirmed. No further appeal was taken, and Petitioner was deported to Mexico in 1998.
*806 In late 2000, Petitioner returned to the United States without inspection. He was convicted of illegal reentry under 8 U.S.C. § 1826 .…