Ledezma-Galicia v. Holder
636 F.3d 1059
| 9th Cir. | 2010Background
- Ledezma-Galicia, a lawful permanent resident, was convicted in Oregon in 1988 of sodomy for sexually molesting a minor.
- At that time, sexual abuse of a minor was not an aggravated felony under the pre-1988 INA regime.
- The Anti-Drug Abuse Act of 1988 created the aggravated felony category and added a prospective temporal limit for its application (§7344(b)).
- The 1990 Immigration Act (IMMAct) reorganized deportation grounds (§602) and included a savings provision and effective-date considerations.
- The 1996 IIRIRA later added sexual abuse of a minor to the aggravated felony definition and expressly applied that definition retroactively to certain actions.
- The issue presented is whether the ADAA temporal limit survives and prevents removal based on Ledezma-Galicia’s pre-1988 conviction; the Ninth Circuit held it does survive and blocks removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does IMMAct §602(c) repeal ADAA §7344(b)? | Ledezma-Galicia argues §602(c) repeals the ADAA date restriction. | Government argues §602(c) overrides the ADAA limitation. | No; ADAA §7344(b) survives. |
| Did IIRIRA retroactivity erase the ADAA temporal limit? | Ledezma-Galicia contends IIRIRA retroactively removes the date restriction. | Government argues IIRIRA retroactivity applies to definitional changes and overrides the limit. | No; IIRIRA did not repeal the ADAA temporal limitation. |
| Is Ledezma-Galicia removable under pre-ADA aggravated-felony rules after IMMAct and IIRIRA? | Pre-ADA aggravated-felony status should not render him removable because the conviction predates the ADAA. | As amended, the aggravated-felony ground applies retroactively to certain convictions. | Not removable for this pre-1988 conviction. |
Key Cases Cited
- Lettman v. Reno, 22 I. & N. Dec. 365 (BIA 1998) (held IMMAct §602(c) repealed former ADAA timing as applied to some grounds (contextual reliance))
- Hovsepian v. United States, 359 F.3d 1144 (9th Cir. 2004) (en banc; held IMMAct §602(c) demonstrated retroactive intent for some grounds)
- Yacoubian v. INS, 24 F.3d 1 (9th Cir. 1994) (addressed firearms/offense retroactivity under IMMAct §602(c))
- Lopez-Castellanos v. Gonzales, 437 F.3d 848 (9th Cir. 2006) (recognizes IIRIRA definitional retroactivity but analyzes separate consequences)
- St. Cyr v. INS, 533 U.S. 289 (2001) (retroactivity/deference—agency interpretations avoided for retroactivity questions)
- Lettman v. Reno, 207 F.3d 1368 (11th Cir. 2000) (earlier Eleventh Circuit decision on IMMAct §602(c) and ADAA interaction)