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United States v. Adame-Orozco

607 F.3d 647 (2010)

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United States v. Adame-Orozco

United States Court of Appeals for the Tenth Circuit

607 F.3d 647 (2010)

Facts

Juan Adame-Orozco (defendant), a permanent resident of the United States, pleaded guilty under Kansas law to selling cocaine. The federal government (plaintiff) initiated deportation proceedings against Adame-Orozco. An immigration judge found that Adame-Orozco’s drug offenses were aggravated felonies and, therefore, Adame-Orozco could not stay in the United States. The immigration judge provided Adame-Orozco time to challenge the underlying Kansas convictions. On the day that the deportation proceedings resumed, Adame-Orozco filed a motion to withdraw his guilty pleas with the Kansas court and argued to the immigration judge that he should not be deported because the convictions were invalid. The immigration judge held that Adame-Orozco’s requested relief was collateral to a deportation action and, therefore, Adame-Orozco’s deportation would not be delayed. Adame-Orozco appealed to the Board of Immigration Appeals (BIA). The BIA denied Adame-Orozco’s appeal, and the Kansas court denied his motion to withdraw his guilty pleas. Adame-Orozco was deported. Adame-Orozco was later discovered living in Kansas and was charged in federal district court under § 1326(a) of the Immigration and Nationality Act (the act) with illegally reentering the United States after deportation for an aggravated felony. Adame-Orozco filed a motion to dismiss the indictment, arguing that the deportation proceedings were deficient because he was not given sufficient time to pursue his attack on the Kansas convictions. The district court denied the motion, and Adame-Orozco was convicted. The government presented evidence to the court that showed Adame-Orozco was deported while a deportation order was outstanding. Adame-Orozco appealed the district court’s denial of his motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Gorsuch, J.)

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