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Alvarado-Fonseca v. Holder, 10-1917

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By FindLaw Staff on January 06, 2011 3:05 PM

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.

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