United States v. Mendoza-Lopez

Supreme Court of the United States · 1987 · Federal Courts

Federal CourtsImmigrationDue ProcessCollateral Attack8 U.S.C. § 1326deportation ordercollateral attackadministrative proceeding

Facts

Respondents, Mexican nationals, were arrested in Nebraska, taken to Denver, and deported after a group deportation hearing. After deportation, each received notice that returning without permission would be a felony, but both were later found again in Nebraska and indicted under § 1326. In the criminal case, they argued that the earlier deportation hearing was fundamentally unfair because the Immigration Judge failed adequately to explain suspension of deportation and accepted unknowing waivers. The Government did not seek Supreme Court review of the lower courts' conclusion that the deportation hearing violated due process.

Issue

May an alien prosecuted under 8 U.S.C. § 1326 for illegal reentry collaterally challenge the validity of the underlying deportation order in the criminal proceeding? More specifically, does due process require such a challenge to be available when defects in the deportation hearing effectively deprived the alien of judicial review?

Rule

Although § 1326 itself does not authorize collateral challenges to the validity of the underlying deportation order, due process requires that there be some meaningful review of an administrative proceeding when its result is used as a conclusive element of a criminal offense. At a minimum, where defects in the administrative proceeding effectively foreclose judicial review, an alternative means of obtaining judicial review must be available before the administrative order may be used to establish conclusively an element of the crime.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Rafael Ibarra was removed after an administrative hearing in Phoenix. Years later, he was prosecuted in federal court in Arizona under a statute making prior removal a conclusive element of a felony reentry charge, and he argues the hearing officer's procedural errors prevented any meaningful opportunity to obtain judicial review of the removal order.

How should the court rule on Rafael's attempt to challenge the prior order in the criminal case?

Explanation. The majority held that § 1326 itself does not authorize collateral attack, but due process independently requires some meaningful review when an administrative determination plays a critical role in imposing criminal liability. At a minimum, if defects in the administrative proceeding effectively foreclosed judicial review, an alternative means of judicial review must be available before the order can be used conclusively as an element of the crime. Rafael's claim fits that principle.