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Pakistani Citizens' Petition for Review of Expedited Removal Order Denied, Plus Criminal Matters

By FindLaw Staff on June 11, 2010 | Last updated on March 21, 2019

US v. Rodriguez-Gomez, No. 08-3173, concerned a challenge to the district court's imposition of an enhanced sentence of 100 months' imprisonment upon a defendant convicted of illegal re-entry.  In affirming the sentence, the court held that the district court did not commit plain error in concluding that defendant's prior conviction for aggravated battery was a crime of violence.     

In US v. Boyd, No. 09-1425, the court faced a challenge to the district court's imposition of a sentence of 334 months' imprisonment upon a defendant for his drug and firearm related conviction.  The court affirmed the sentence but modified part of the judgment as the district court's order requiring defendant to participate in the Inmate Financial Responsibility Program (IFRP) was plain error as IFRP is voluntary.   

Khan v. Holder, No. 09-1425, concerned a Pakistani citizens' petition for review from a removal order and a motion to stay removal pending resolution of the petition.  In denying the petition and granting the government's motions to dismiss the petitions, the court held that it lacks jurisdiction to review the merits of the question of whether the CBP officer correctly initiated expedited removal proceedings after determining that the petitioners intended to immigrate to the U.S. from Pakistan rather than temporarily visit.     

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