United States v. Manriquez-Alvarado, No. 19-2521 (7th Cir. 2020)Annotate this Case
Manriquez-Alvarado, a citizen of Mexico, has repeatedly entered the U.S. illegally. He was ordered removed in 2008, 2010, 2012, 2014, and 2017, each time following a criminal conviction. He was found in the U.S. again in 2018 and was sentenced to 39 months' imprisonment for illegal reentry. 8 U.S.C. 1326(a), (b)(2). All of the convictions for reentry rest on the 2008 removal order. Manriquez-Alvarado argued that this order was invalid because immigration officials never had “jurisdiction” to remove him. His “Notice to Appear” did not include a hearing date. In 2018, the Supreme Court held (Pereira) that a document missing that information does not satisfy the statutory requirements.
The Seventh Circuit affirmed the denial of his motion to dismiss. Pereira identifies a claims-processing doctrine, not a rule limiting immigration officials' jurisdiction. Older removal orders are pen to collateral attack if the alien exhausted any administrative remedies that may have been available; the deportation proceedings improperly deprived the alien of the opportunity for judicial review; and the order was fundamentally unfair, 8 U.S.C.1326(d). In 2008, Manriquez-Alvarado stipulated to his removal, waiving his rights to a hearing, administrative review, and judicial review. The statute does not ask whether administrative and judicial remedies would have been futile. It asks whether they were available. Manriquez-Alvarado’s removal was the result of his criminal conduct; he lacked permission to enter the U.S. at all. It is not unfair to order such an alien's deportation.