Padilla-Martinez v. Holder

Petitioner, a native and citizen of Mexico, sought review of the BIA's conclusion that his prior state-law drug offense qualified as an aggravated felony under 8 U.S.C. 1101(a)(43)(B), 1227(a)(2)(A)(iii), making him a deportable alien. Petitioner argued that his due process rights were violated by the immigration proceedings that followed his incarceration for possession for sale of a controlled substance under California Health and Safety Code 11378. Determining that the court has jurisdiction, the court held that the BIA did not err in its first decision by remanding the case to the IJ; the facsimile copy of the transcript of the state court felony change of plea proceeding was properly admitted; the BIA properly considered the Government's appeal of the IJ's July 7 order granting petitioner's motion to terminate proceedings; and because petitioner was not deprived of substantive or due process rights, the court need not and did not reach the issue of prejudice. View "Padilla-Martinez v. Holder" on Justia Law