United States v. Mario Gonzalez-Corn
807 F.3d 989
9th Cir.2015Background
- Gonzalez-Corn was convicted in 2003 of possession with intent to distribute marijuana under 21 U.S.C. § 841(a), (b)(1)(D) with a 15-month sentence.
- The INS removed him in 2009 after finding his conviction qualified as an aggravated felony under INA § 1101(a)(43)(B).
- Gonzalez-Corn admitted Mexican nationality; he watched an immigration judge order his removal and was deported from the United States.
- He reentered illegally in 2013 and was charged with illegal reentry under 8 U.S.C. § 1326(a) & (b)(2).
- At trial, issues included whether the prior CSA conviction was an aggravated felony and how alienage evidence could be considered by the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CSA felony qualifies as an aggravated felony under the INA | Gonzalez-Corn argues the INA’s aggravated felony category requires a Taylor-style comparison. | Gonzalez-Corn’s offense is a CSA felony; the INA incorporates CSA felonies, making it an aggravated felony on face. | Yes; the conviction is an aggravated felony under the INA. |
| Whether the district court properly instructed on alienage evidence | Gonzalez-Corn contends the instruction allowed reliance on deportation alone to prove alienage. | The court correctly told jurors that deportation alone is insufficient but may be combined with admissions or corroborating evidence to prove alienage. | Yes; the instruction was correct and properly allowed combination with admissions. |
Key Cases Cited
- Moncrieffe v. Holder, 133 S. Ct. 1678 (Supreme Court 2013) (treats generic offense approach for aggravated felonies; not controlling for CSA felony here but informs interpretation of punishment thresholds)
- Taylor v. United States, 495 U.S. 575 (Supreme Court 1990) (categorical approach origin for matching state/federal offenses; discussed as context for aggravated felonies)
- Lopez v. Gonzales, 549 U.S. 47 (Supreme Court 2006) (interpreting ‘felony punishable under the CSA’ and inclusion in INA)
- United States v. Ruiz-Lopez, 749 F.3d 1138 (9th Cir. 2014) (alienage proof includes combination of deportation order with admissions)
- United States v. Galindo-Gallegos, 244 F.3d 728 (9th Cir. 2001) (admissions of alienage together with deportation order can establish alienage)
- United States v. Camacho-Lopez, 450 F.3d 928 (9th Cir. 2006) (due-process attack on deportation order as predicate; three-part test under §1326(d))
- United States v. Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004) (establishes fundamental unfairness standard for attacking deportation order)
- Aguilera-Rios, 769 F.3d 626 (9th Cir. 2014) (discusses whether misdemeanor sentence factors appear in judgment)