United States v. Miguel Lara-Unzueta
2013 U.S. App. LEXIS 23286
| 7th Cir. | 2013Background
- Lara-Unzueta, a Mexican native, was previously deported after 1997–1998 deportation proceedings.
- He later illegally reentered in 2011 and was indicted for illegal reentry under 8 U.S.C. § 1326(a)-(b)(2).
- Lara challenged his 1998 deportation order as due-process-entitling discretionary relief under INA § 212(c), which AEDPA later precluded, a position later reversed by St. Cyr (2001).
- Lara moved to dismiss the indictment collaterally attacking the underlying deportation order; the district court denied.
- The district court then held a bench trial in 2012 resulting in a conviction and a 78-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disqualification under § 455(b)(3) | Lara argues judge was disqualified due to INS District Counsel history. | Lara asserts some “concerning the proceeding” involvement warrants disqualification. | No disqualification; no actual participation in the current proceeding by judge. |
| INS District Counsel exception to the U.S. Attorney rule | Judge’s INS background should trigger the U.S. Attorney exception. | Exception does not apply to INS District Counsel; executive branch service does not violate due process. | U.S. Attorney exception does not apply to Judge Der-Yeghiayan. |
| Collateral attack under 8 U.S.C. § 1326(d) | Lara contends §1326(d) permits collateral attack on the deportation order. | Precedents foreclose success under §1326(d). | Lara’s §1326(d) collateral attack is foreclosed by circuit precedent; court need not join others. |
Key Cases Cited
- INS v. St. Cyr, 533 U.S. 289 (U.S. 2001) (AEDPA amendments did not apply to pre-AEDPA convictions in some cases; governs relief eligibility)
- United States v. Ruzzano, 247 F.3d 688 (7th Cir. 2001) (limits the 'U.S. Attorney exception' to actual participation by former AUSAs)
- Petrov v. Gonzales, 464 F.3d 800 (7th Cir. 2006) (Executive-branch officials may not trigger §455(b)(3) disqualification absent conflicts)
- United States v. Mendoza-Lopez, 481 U.S. 828 (U.S. 1987) (collateral attack on deportation order in §1326 cases)
- United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (disqualification review standards; context matters)
- United States v. Arita-Campos, 607 F.3d 487 (7th Cir. 2010) (discusses §1326(d) standards and collateral attacks)