Mexican citizen's petition for review of BIA's affirmance of a deportation order
Alvarado-Fonseca v. Holder, 10-1917, concerned a Mexican citizen's petition for review of the BIA's dismissal of his appeal of an IJ's deportation order on the ground that his 1984 state court conviction for armed robbery constituted an aggravated felony.
In denying the petition, the court held that, because petitioner failed
to exhaust his administrative remedies, his argument that Anti-Drug
Abuse Act of 1988, section 7344(b) bars his deportation, cannot be
considered. The court also held that, in light of the Supreme Court's
statement in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) that,
deportation "is not, in a strict sense, a criminal sanction," Padilla
does not provide sufficient guidance to deviate from the long line cases
establishing that statutes retroactively setting criteria for
deportation do not violate the ex post facto clause.