Mendoza v. Sessions, No. 16-3568 (7th Cir. 2018)Annotate this Case
Macias, a six-year-old citizen of Mexico, entered the U.S. as a lawful permanent resident in 1976. In 1990, he was convicted of attempted aggravated criminal sexual assault, aggravated battery, and burglary. While in prison, he was convicted of possession of a weapon by a felon. An IJ ordered Macias removed, prohibiting Macias from returning to the U.S. for five years unless he obtained permission from the Attorney General, In 1995, Macias reentered, purportedly to care for his young son. He claims that border officers waved him into the U.S. without questioning him or asking to see travel documents. For 21 years, he made no attempt to bring his immigration status into legal compliance In 2016, Macias was arrested for aggravated DUI. DHS served him with a Notice of Intent/Decision to Reinstate Prior Order of Removal. His counsel argued that Macias’s reentry was “procedurally irregular” but lawful because Macias presented himself for inspection and did not attempt to deceive anyone. An ICE deportation officer reinstated the removal order. Prosecutorial discretion was denied due to the serious nature of Macias’s past crimes, his admitted membership in the Latin Kings, and his recent arrest. The Seventh Circuit denied a petition for review. The statute providing for reinstatement for aliens who have reentered “illegally” after previously having been removed is not ambiguous. A person who reenters without the consent of the Attorney General during the required period reenters illegally, violating 8 U.S.C. 1326(a) and 8 U.S.C. 1182(a)(9)(A).