Friday, June 20, 2014

Alien DQ'd from Cancellation of Removal Because of Prior 180+ Day Stint in Jail

Garcia-Mendoza v. Holder, 2014 WL 2443003 (6/2/14) (Published) - Mr. Garcia-Mendoza was disqualified from cancellation of removal because he was not of good moral character due to his spending more than 180 days "confined as a result of a conviction." It didn't matter that the state court that had imposed the sentence, in response to Mr. Garcia-Mendoza's complaint that his counsel hadn't advised him about the 180-day deal, later issued a nunc pro tunc order imposing a 166-day sentence. Under the language of the relevant statute all that matters is the amount of days confined, which includes the days confined before the sentence is imposed, This is different from the definition of aggravated felony, which may depend on the amount of the sentence imposed. Presumably there would have been a different result if the state court invalidated the conviction on ineffective assistance grounds. But that didn't happen.