United States v. Saul Hernandez-Ramirez
671 F. App'x 278
| 5th Cir. | 2016Background
- Defendant Saul Hernandez-Ramirez was convicted (bench trial) of illegal reentry and sentenced to 7 months imprisonment plus one year supervised release.
- He moved to dismiss, arguing his prior removal—an element of the illegal reentry offense—was invalid because it was based on expedited removal procedures that applied only to aggravated-felony convictions.
- The prior Texas misdemeanor assault conviction (Tex. Penal Code § 22.01(a)(1)) was later held not to be an aggravated felony under current law, but at the time of his 2003 removal Fifth Circuit precedent suggested it could be treated as such.
- The court reviewed de novo the denial of the motion to dismiss and applied the three-part test for collateral attack to invalidate a prior removal: (1) prior hearing fundamentally unfair, (2) hearing eliminated right to judicial review, and (3) procedural deficiencies caused actual prejudice; exhaustion of administrative remedies is required.
- Hernandez-Ramirez had exhausted administrative remedies but failed to show his prior removal was fundamentally unfair given controlling Fifth Circuit precedent in 2002–2003.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prior expedited removal violated due process such that the indictment must be dismissed | Expedited removal was improper because the Texas misdemeanor assault was not an aggravated felony | Prior law at time of removal permitted treating the conviction as an aggravated felony; removal was not fundamentally unfair | Court affirmed: removal was not fundamentally unfair and dismissal was denied |
Key Cases Cited
- United States v. Villanueva-Diaz, 634 F.3d 844 (5th Cir. 2011) (standard for collateral attack on prior removal and three-part test)
- Valdiviez-Hernandez v. Holder, 739 F.3d 184 (5th Cir. 2013) (administrative exhaustion requirement under 8 U.S.C. § 1326(d)(1))
- United States v. Villegas-Hernandez, 468 F.3d 874 (5th Cir. 2006) (treatment of Texas misdemeanor assault as aggravated felony in earlier precedent)
- United States v. Urias-Escobar, 281 F.3d 165 (5th Cir. 2002) (affirming treatment of Texas misdemeanor assault as aggravated felony for sentencing/reentry purposes)
- United States v. Shelton, 325 F.3d 553 (5th Cir. 2003) (concluding Texas misdemeanor assault with bodily injury involves physical force and supporting earlier circuit precedent)