Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Guzman-Velasquez

United States Court of Appeals, Fourth Circuit

March 28, 2019

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JOSE BENJAMIN GUZMAN-VELASQUEZ, Defendant-Appellant.

          Argued: January 31, 2019

          Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:16-cr-00151-MHL-1)

         ARGUED:

          Laura Jill Koenig, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant.

          Daniel Taylor Young, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

         ON BRIEF:

          Geremy C. Kamens, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          G. Zachary Terwilliger, United States Attorney, Alexandria, Virginia, S. David Schiller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

          Before MOTZ and QUATTLEBAUM, Circuit Judges, and DUNCAN, Senior Circuit Judge.

          DIANA GRIBBON MOTZ, CIRCUIT JUDGE

         When Jose Benjamin Guzman-Velasquez returned to the United States after being deported, the government charged him with the crime of illegal reentry. Guzman moved to dismiss the indictment, relying solely on United States v. Mendoza-Lopez, 481 U.S. 828 (1987), which held that an administrative removal proceeding marred by due process defects that foreclosed judicial review could not serve as a basis for criminal conviction. The district court denied Guzman's motion. For the reasons that follow, we affirm.

         I.

         On December 31, 1998, Guzman, a citizen of El Salvador, entered the United States without authorization. That same day, the federal government initiated removal proceedings. An immigration judge granted Guzman voluntary departure; when he failed to timely depart, the grant converted into a removal order.

         Approximately a year later, in response to a series of earthquakes, Attorney General John Ashcroft designated El Salvador for the Temporary Protected Status (TPS) program. See 66 Fed. Reg. 14, 214, 14, 214 (Mar. 9, 2001). TPS "allows eligible nationals of a foreign state to temporarily remain in the United States during the pendency of that state's designation." Cervantes v. Holder, 597 F.3d 229, 231 (4th Cir. 2010). Once granted, the government "shall not remove" an individual with TPS. 8 U.S.C. ยง 1254a(a)(1)(A). Salvadorans were eligible for TPS if they "ha[d] been 'continuously physically present' in the United States since March 9, 2001," "ha[d] 'continuously resided' in the United ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.