Opinion
2:22-CR-103-RMP-1
04-05-2023
United States v. May-Delgado
ORDER DENYING MOTION TO DISMISS INDICTMENT
APPENDIX: SELECTION OF RELEVANT CASES
Case
Positive Equities
Negative Equities
Outcome
Matter of Perez-Espinoza, 2009 WL 3713236 (BIA Oct. 20, 2009)
• Employment history
• 5 voluntary returns • Criminal history pertaining to the possession and/or use of a counterfeit immigration document and fraudulent social security number
Affirmed IJ denial of voluntary departure
United States v. Alcazar-Bustos, 382 Fed.Appx. 568 (9th Cir. 2010)
• Residence in U.S. since age of two months old • Married to U.S. citizen • U.S. citizen child
• 3 juvenile criminal adjudications, including 2 convictions for firearm possession that resulted in prison terms • Association with gang members • Prior drug use • Sporadic work history
Reversed district court; motion to dismiss granted
Matter of Sanabria- Dominguez, 2010 WL 2601495 (BIA May 24, 2010)
• Residence in U.S. • Assistance provided to U.S. citizen wife with regard to addiction and medical condition • U.S. citizen son • Contributions to community (work as a drug counselor, assistance provided to church)
• History of repeated illegal entries with assistance of smugglers • Record of previous voluntary returns • Failure to file tax returns • Driving without a license
Reversed IJ decision; voluntary departure warranted
United States v. Perez, 2011 WL 3475413 (S.D. Cal. Aug. 5, 2011)
• Residence in U.S. for most of life • Relationship with mother and step-father (although not U.S. citizens, relationship considered “family ties within the U.S.”)
• Conviction for driving without a license • Appears to have been involved in a street gang
Found prejudice; motion to dismiss granted
• Girlfriend is U.S. citizen • High school degree
United States v. Reyes, 907 F.Supp.2d 1068 (N.D. Cal. 2012)
• 8-year work history • Sole provider to girlfriend and their U.S. citizen child • Numerous relatives in northern California, including U.S. citizens • Licensed immigration law practitioner attested “likely” grant of voluntary departure
• Conviction for possession of short barrel shotgun
Found prejudice; motion to dismiss granted
Matter of Lazcano, 2014 WL 1404582 (BIA Mar. 26, 2014)
• 9-year presence in U.S. • U.S. citizen child • Modest amount of savings
• 11 voluntary returns • State criminal charges for traffic violations
Affirmed IJ denial of voluntary departure
Matter of Cruz Moreno, 2014 WL 3697772 (BIA June 2, 2014)
• Residence in U.S. • U.S. citizen wife and three U.S. citizen children
• 2 voluntary returns • Convictions of purchasing and furnishing alcohol to a minor and criminal mischief
Affirmed IJ denial of voluntary departure
Matter of Rafael-Ramirez, 2013 WL 5872186 (BIA Oct. 18, 2014)
• “Significant” family ties to the U.S.
• At least 2 voluntary returns • Arrests (but not convictions) for domestic assault and for leaving the scene of an accident
Affirmed IJ denial of voluntary departure
Matter of Rosas-Leyva, 2016 WL 1358004 (BIA Mar. 9, 2016)
• Residence in U.S. • U.S. citizen son
• At least 12 voluntary returns (“significant negative immigration history”) • 2 DUI convictions
Affirmed IJ denial of voluntary departure
United States v. Torre-Hernan dez, 2018 WL 3058857
• 2 U.S. citizen children • Half-sister had legal status • Primarily lived in U.S. for the previous 14 years, after
• Removed to Mexico on at least 7 prior occasions (unclear if these were voluntary returns)
Found prejudice; motion to
(D. Idaho June 20, 2018)
coming to the country as a young man • Employment history (construction company and agriculture)
• Deported in 2010, again in 2011, and was convicted of illegal reentry in 2011 • After being deported in 2011, convicted again of illegal reentry and sentenced to 16 months imprisonment • Supervised release violation resulted in sentence of another 8 months in prison • Misdemeanor convictions for disturbing the peace and DUI
Dismiss granted
United States v. Cardiel-Ruiz, 533 F.Supp.3d 846 (N.D. Cal. 2021)
• Residence in U.S. since 3 months old • U.S. citizen spouse with 2-year-old step-daughter • Graduated from Bay Area high school • Participating in San Jose Conservation Corps
• 2 convictions for being under the influence of a controlled substance • 6 serious juvenile adjudications for offenses that would have been felonies, had he been an adult
Found prejudice; motion to dismiss granted