U.S. v. De Horta Garcia, 7th Cir. Mar. 13, 2008
07-2060 U.S. v. De Horta Garcia
Before BAUER, KANNE and ROVNER, Circuit Judges.
BAUER, Circuit Judge. Jose De Horta Garcia, then a permanent resident alien, was deported in 1996 because he had been convicted of a drug trafficking crime. This case involves his second illegal re-entry into the country after deportation. During his first prosecution for illegal re-entry, he challenged the validity of his deportation order on the grounds that he was denied his right to seek a discretionary waiver of deportation under former INA § 212(c), 8 U.S.C. § 1182(c) (1995) (repealed), arguing that the repeal of discretionary waiver should not have been applied to prevent him from applying for the waiver. The District of Alaska rejected his contention and De Horta Garcia did not appeal. He raised the argument again in this prosecution and the district court rejected it based on circuit precedent. We affirm. … U.S. v. De Horta Garcia.
