United States v. Javier Zamudio, 718 F.3d 989

Defendant is a noncitizen felon, in a case that follows United States v. Gutierrez-Ceja.
Judgment included an "additional imprisonment term" requiring deportation proceedings after term; no supervised release order existed.
Imposition of immigration-related restrictions post-term is only permissible as a condition of supervised release under 18 U.S.C. § 3583(d).
There is an immigration-removal framework: an immigration judge typically orders removal (8 U.S.C. § 1229a(a)(3)); district judges may request removal hearings ( § 1228(c) ).
Amendment to U.S.S.G. § 5D1.1(c) states courts ordinarily should not impose supervised release for deportable aliens likely to be deported; added deterrence measures must be tied to supervised release.
The defendant, an aggravated felon, is removable at sentence end (8 U.S.C. § 1227(a)(2)(A)(iii)); removal proceedings should be begun and completed as possible before detention ends.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an extra term of imprisonment tied to deportation is valid without a supervised-release order	Gutierrez-Ceja and the judgment support post-term deportation conditions.	Such conditions exceed authority without a supervised-release order.	Unlawful without supervised release; stricken.
Whether the district court may impose deportation-related terms solely as a condition of supervised release	Prosecutor/authorities requested removal; such terms are permissible as conditions of supervised release.	No supervised release order existed; term ultra vires.	Permissible only as a condition of supervised release.
Whether the 2011 guideline amendment affects the propriety of imposing extra deportation terms	Amendment allows consideration of detention measures for deterrence.	Amendment discourages unnecessary supervised-release terms for deportable aliens.	Support for limiting added measures; extra term inappropriate here.
Whether removal proceedings should be initiated before the defendant’s release as a matter of law	Procedures like DHS detainers aim to coordinate removal.	Removal orders must be by immigration authorities; district court cannot extend to post-term.	Removal orders must be initiated by immigration processes; district court cannot impose.

United States v. Gutierrez-Ceja, 711 F.3d 780 (7th Cir. 2013) (post-release deportation terms imposed without valid authority are improper)
United States v. Romeo, 122 F.3d 941 (11th Cir. 1997) (district court may order deportation as a condition of supervised release)