United States v. Ramirez-Cortinas

945 F.3d 286 (2019)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

United States v. Ramirez-Cortinas

United States Court of Appeals for the Fifth Circuit
945 F.3d 286 (2019)

Facts

Uvalde Ramirez-Cortinas (defendant), who was not a United States citizen, was convicted of crimes in the United States, including bail jumping. An immigration judge found that the bail-jumping conviction qualified as an aggravated felony and informed Ramirez-Cortinas that he would only be able to avoid deportation if he proved that he would be subject to persecution if deported. Ramirez-Cortinas presented no evidence of potential persecution and testified that he was not afraid to return to Mexico. Ramirez-Cortinas appealed the deportation order to the Board of Immigration Appeals (BIA), arguing that the immigration judge erred in finding that the bail-jumping conviction constituted an aggravated felony. The BIA denied Ramirez-Cortinas’s appeal but, in its decision, incorrectly stated that Ramirez-Cortinas did not argue in his appeal that the bail-jumping conviction was not an aggravated felony. Ramirez-Cortinas did not appeal the BIA decision and was deported to Mexico in 2013. In 2018 Ramirez-Cortinas was indicted in federal district court for illegal reentry into the United States under § 1326(a) of the Immigration and Nationality Act (the act). Ramirez-Cortinas moved to dismiss the indictment under § 1326(d), which allowed a defendant to collaterally attack a deportation order to defend against a charge of illegal reentry. The district court granted the motion to dismiss, finding that the BIA’s error deprived Ramirez-Cortinas of judicial review and that Ramirez-Cortinas suffered actual prejudice because there was a reasonable likelihood that, if not for the errors, Ramirez-Cortinas might have avoided deportation. The government appealed.

Rule of Law

Issue

Holding and Reasoning (Duncan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership