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Reuters Legal: Justices split over challenge to deportation in illegal reentry case

April 27, 2021

O’Melveny partner Brad Garcia argued before the US Supreme Court, defending a Mexican citizen facing allegations of illegal reentry into the United States, this article reported.

The defendant, Refugio Palomar-Santiago, was originally deported more than 20 years ago following a DUI arrest. Subsequently, “the Supreme Court in 2004 held that DUI was not an aggravated felony that could subject a non-citizen to deportation,” Reuters Legal wrote. Because Palomar-Santiago’s original conviction was invalidated, Garcia argued he cannot be convicted of unlawful reentry. “Garcia also told the court that, like the vast majority of individuals who appear in immigration court without lawyers, Palomar-Santiago never had a meaningful opportunity to challenge his removal,” the publication reported.

Reuters Legal subscribers can read the full article here.