741 F.3d 1
9th Cir.2014Background
- Chavez-Reyes petitions review of BIA's dismissal of his appeal from an IJ order of removal; BIA found him removable under 8 U.S.C. §1182(a)(2)(C)(i) based on reason to believe he is or has been an illicit trafficker.
- In 1989 Chavez-Reyes drove a truck with about 900 pounds of cocaine; police found the drugs, he pled guilty to possession with intent to distribute, but the conviction was later overturned due to lack of reasonable suspicion for the stop.
- §1182(a)(2)(C)(i) requires only a reason to believe of illicit trafficking, not a conviction.
- BIA relied on (i) the large quantity and the drug's high value suggesting trafficking or trust in him, and (ii) Chavez-Reyes's guilty plea.
- Petitioner argues the BIA violated due process by considering the guilty plea given the overturned conviction; the court reviews de novo for due process and finds no fundamental unfairness.
- The court holds the BIA did not violate due process and that substantial evidence supports the reason-to-believe finding, combining the plea with other evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process was violated by the BIA considering the guilty plea. | Chavez-Reyes argues the conviction was overturned, so the plea should not carry probative weight. | Holder contends the plea remains probative and the proceeding was not fundamentally unfair. | No due process violation. |
| Whether there is substantial evidence supporting the BIA's reason-to-believe finding. | Chavez-Reyes asserts the evidence is insufficient. | The government contends the large drug quantity and the plea provide substantial support. | Substantial evidence supports the finding. |
| Whether the guilty plea alone could satisfy the reason-to-believe standard. | Guilty plea alone could be insufficient if overturned. | Guilty plea, combined with other evidence, supports reason to believe. | Court need not decide on sufficiency of a plea alone; here, the plea plus other evidence suffices. |
Key Cases Cited
- Castano v. INS, 956 F.2d 236 (11th Cir. 1992) (guilty plea can be probative evidence of trafficking; weight may vary with circumstances)
- Sanchez-Cruz v. INS, 255 F.3d 775 (9th Cir. 2001) (due process review for fundamental unfairness in immigration proceedings)
- Lopez-Molina v. Ashcroft, 368 F.3d 1206 (9th Cir. 2004) (standard of review for reason-to-believe)
- Alarcon-Serrano v. INS, 220 F.3d 1116 (9th Cir. 2000) (supports reasoning on evidentiary sufficiency)
- Cuevas v. Holder, 737 F.3d 972 (5th Cir. 2013) (substantial evidence standard in reason-to-believe)
- Pichardo v. INS, 188 F.3d 1079 (9th Cir. 1999) (notwithstanding withdrawal, cited for probative value of plea)
- Ramirez-Alejandre v. Ashcroft, 319 F.3d 365 (9th Cir. 2003) (de novo review of due-process claim)