United States v. Baptist, No. 14-1273 (7th Cir. 2014)
Annotate this CaseBaptist is a native of Belize who entered the U.S.as a lawful permanent resident in 1988.In 1992, Baptist pleaded guilty to possession of a controlled substance and was sentenced to probation. In 1995, Baptist was convicted of possession of a controlled substance and was again sentenced to probation. In 1996, Baptist was again convicted of possession of a controlled substance and was sentenced to five years’ imprisonment. At the time, the offense was considered an aggravated felony and he was placed in removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii) and 8 U.S.C. 1227(a)(2)(B)(i). Baptist signed a stipulated removal order in 1998. Afterwards, he illegally reentered the U.S. several times; each time he was discovered, he was again removed to Belize. In 2005, Baptist illegally entered once more and avoided detection until he was arrested in 2010. Charged with being illegally present in the U.S. after having been previously removed, 8 U.S.C. 1326(a). Baptist moved to dismiss the indictment, collaterally attacking his 1998 removal as violating his due process rights. The district court denied Baptist’s motion. The Seventh Circuit affirmed, stating that Baptist failed to establish that his removal proceedings were “fundamentally unfair.”
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