Wednesday, November 13, 2013

Aguilera-Enriquez v. INS case brief

Aguilera-Enriquez v. INS case brief summary
516 F.2d 565 (1975)

Petitioner sought a review of a deportation order of the Immigration and Naturalization Service because he was not afforded the assistance of counsel during his deportation hearing.

Petitioner was an alien with permanent residency status who went to Mexico and upon his return to the United States through Texas he was caught attempting to smuggle cocaine. He pled guilty to knowingly possessing a Schedule II controlled substance in violation of 21 U.S.C.S. § 844(a) (1970). Thereafter, the Immigration and Naturalization Service (INS) commenced deportation proceedings pursuant section 241(a) (11) of the Immigration and Nationality Act, 8 U.S.C.S. § 1251(a)(11)(1970). When petitioner appeared before an immigration judge, he requested appointed counsel, but it was denied and he was ordered deported. Petitioner appealed to the Board of Immigration Appeals challenging his Texas conviction under Fed. R. Crim. P 32(d).

  • His appeal was dismissed and he then appealed claiming due process violations. 
  • The court dismissed the appeal because it was frivolous based on the fact that petitioner pled guilty and no attorney would have been able to help him in his case before the immigration judge and the administrative process did not abridge the fundamental fairness principle.

The court dismissed petitioner's claim because there was no due process violation when his request for an attorney was denied in a deportation hearing because the hearing was predicated on his guilty plea for possession of narcotics.

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