United States v. Hermilo Zamudio
776 F.3d 672
9th Cir.2015Background
- Zamudio, born in Mexico, later became a lawful permanent resident through marriage.
- He pleaded guilty in 1994 to kidnapping in violation of California Penal Code § 207(a).
- In 1999–2000 he pleaded guilty to methamphetamine possession in California; removal proceedings followed based on both convictions.
- An Immigration Judge (IJ) conceded removability at the deportation hearing; Zamudio’s attorney admitted the 2000 conviction was for methamphetamine possession.
- In 2001 Zamudio reentered the United States using an invalid green card presented at a port of entry.
- In 2012 Zamudio was indicted for illegal reentry under 8 U.S.C. § 1326; he raised a statute of limitations defense and due process challenges to the removal proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deportation proceeding was fundamentally unfair | Zamudio | Zamudio | No fundamental unfairness; district court did not err. |
| Whether the jury should have been given a constructive knowledge instruction on the statute of limitations | Zamudio | Zamudio | No reversible error; limitations did not start before indictment. |
| Whether the evidence supported acquittal based on statute of limitations | Zamudio | Zamudio | No; defense rejected and conviction affirmed. |
Key Cases Cited
- Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012) (removability based on crime of violence)
- Perez-Mejia v. Holder, 663 F.3d 403 (9th Cir. 2011) (agency burden satisfied by admission of facts by counsel)
- Santiago-Rodriguez v. Holder, 657 F.3d 820 (9th Cir. 2011) (admission by attorney binds alien for removability issues)
- Acevedo, 229 F.3d 350 (2d Cir. 2000) (constructive knowledge not triggered by invalid green card alone)
- Gordon, 513 F.3d 659 (7th Cir. 2008) (deportee's invalid green card examples and knowledge issue)
- Torres-Chavez v. Holder, 567 F.3d 1096 (9th Cir. 2009) (ineffective assistance and due process considerations in immigration)
- Garcia-Jimenez v. Gonzales, 488 F.3d 1082 (9th Cir. 2007) (prejudice and relief-from-removal considerations in due process analysis)
- Gomez, 38 F.3d 1031 (8th Cir. 1994) (found in accrual when status discoverable via government means)
- Rivera-Ventura, 72 F.3d 277 (2d Cir. 1995) (constructive notice framework in limitations context)
- Ortiz-Villegas, 49 F.3d 1435 (9th Cir. 1995) (discussion of constructive knowledge in §1326 limitations)