United States v. Valdivia-Flores

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The Ninth Circuit reversed the district court's conviction of attempted reentry of a removed alien. Defendant argued that his 2009 removal was invalid because his 1997 drug trafficking conviction under Wash. Rev. Code 69.50.401 was incorrectly determined to be an aggravated felony. The panel held that defendant's waiver of the right to seek judicial review was not considered and intelligent, and thus he was deprived of due process. Furthermore, defendant's prior drug trafficiking conviction did not qualify as an aggravated felony under the categorical approach and could not be the basis for defendant's 2009 removal. Therefore, defendant satisfied all three elements of 8 U.S.C. 1326(d), and his collateral attack on the underlying deportation order should have been successful. The panel remanded for further proceedings. View "United States v. Valdivia-Flores" on Justia Law