United States v. Leon-Paz
United States v. Leon-Paz
Opinion of the Court
MEMORANDUM
Gil Leon-Paz (“Leon-Paz”), a Mexican citizen convicted, pursuant to his conditional guilty plea, of reentry of a removed alien, collaterally attacks the removal order upon which his prosecution was based. He argues that the immigration judge’s erroneous statement in the removal hearing that no relief was available (earlier determined by this court to be a due pro
In light of the evidence of Leon-Paz’s expert regarding former clients who, in the relevant time period, were granted such relief, three of whom had fewer relatives within the United States and had committed more egregious crimes than Leon-Paz, we conclude that Leon-Paz had a plausible case for relief, even under the heightened “unusual or outstanding equities” standard applicable to individuals with serious criminal histories. He has, accordingly, established prejudice. We therefore reverse and direct the district court to vacate Leon-Paz’s conviction and sentence and dismiss the indictment.
REVERSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.