[Download] "Montenegro v. Ashcroft" by In the United States Court of Appeals for the Seventh Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Montenegro v. Ashcroft
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Marcelino Montenegro appeals a ruling of an Immigration Judge (IJ) ordering him removed to Mexico because of a felony drug conviction. Montenegro was convicted by an Illinois jury in April 1996 of possessing with the intent to deliver more than 900 grams of cocaine and sentenced to 20 years imprisonment. As a result of his conviction, the Immigration and Naturalization Service commenced removal proceedings under 8 U.S.C. § 1227(a)(2)(A)(iii), which provides for the removal of an alien convicted of an "aggravated felony." Montenegro was in the process of appealing his conviction at that time and moved to suspend the removal proceedings until his criminal appeal was concluded. The IJ delayed the proceedings until October 1998, when he rescinded Montenegros lawful permanent resident status and ordered him removed. Montenegro did not file an administrative appeal but instead petitioned in the district court for a writ of habeas corpus under 28 U.S.C. § 2241. The district court determined that it had jurisdiction over Montenegros constitutional claims, see Calcano-Martinez v. INS, 533 U.S. 348, 351-52 (2001), but denied the petition. Montenegro now appeals, and we affirm.
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