Chavez-Reyes v. Holder, No. 10-70776 (9th Cir. 2014)
Annotate this CasePetitioner sought review of the BIA's dismissal of his appeal from an IJ's entry of a final order of removal. In 1989, petitioner pleaded guilty to possession of cocaine with intent to distribute after police officers pulled over a truck in which petitioner was the driver and the sole occupant and where the truck contained 900 pounds of cocaine. The conviction was overturned on appeal because the officers lacked sufficient suspicion to make a traffic stop. As a general rule, a voluntary guilty plea to criminal charges was probative of evidence that the petitioner did, in fact, engage in the charged activity, even if the conviction was later overturned for a reason unrelated to voluntariness. The court concluded that the BIA did not violate due process or otherwise err in holding that petitioner was removable under 8 U.S.C. 1182(a)(2)(C)(i) where there was "reason to believe" that he "is or has been an illicit trafficker" in a controlled substance or knowingly has assisted others in trafficking. Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied Manuel Chavez-Reyes’ petition for review of the Board of Immigration Appeals’ decision finding him removable because there was reason to believe that he engaged in or assisted others in illicit trafficking in a controlled substance, based on circumstantial evidence and on his guilty plea to possession of cocaine with intent to distribute. The panel held that the BIA did not violate petitioner’s due process rights by considering his guilty plea, even though this court overturned the resulting conviction on appeal, because this court overturned the conviction solely because the police officers lacked reasonable suspicion to conduct the traffic stop, a reason unrelated to the voluntariness of the guilty plea.
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