Emilio Estrada v. United States

A noncitizen being prosecuted for the crime of illegal reentry following removal may challenge the validity of the underlying removal order by showing that, among other things, the “entry of the order was fundamentally unfair.” 8 U.S.C. §1326(d)(3). Petitioner, a longtime lawful permanent resident, challenged his illegal reentry prosecution on the ground that the entry of his removal order was fundamentally unfair because he was deprived of the opportunity to seek discretionary relief from removal. Acknowledging a division in the circuits, the Sixth Circuit ruled that, where the relief at issue is discretionary, deprivation of the opportunity to seek such relief cannot render the entry of the removal order fundamentally unfair. The question presented is: Whether the deprivation of a lawful permanent resident’s opportunity to pursue statutorily available discretionary relief from removal can render entry of the removal order fundamentally unfair. (i)