United States v. Gil-Lopez

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Gil‐Lopez, a citizen of Mexico, entered the U.S. in 1987. He became a lawful permanent resident in 2000. In 2002, he pleaded guilty to violating Idaho Code 18‐1501(1), “Injury to Children,” after originally having been charged with two counts of forcible rape. He was removed. Gil‐Lopez did not appeal the removal order, file a motion to reopen the immigration proceedings, or file a habeas petition. Several years later, he returned to the U.S., was arrested, and was charged with being illegally present in the United States after having been convicted of a felony, U.S.C. 1326(a). The district court held that his 2004 removal could form the basis for a charge of unlawful reentry and that his prior conviction was for an aggravated felony. The Seventh Circuit affirmed. Gil‐Lopez cannot challenge the district court’s decision because he did not exhaust his administrative remedies with respect to the immigration court’s 2004 removal order. View "United States v. Gil-Lopez" on Justia Law