United States v. Oseguera-Madrigal

Defendant appealed his conviction and sentence on a conditional guilty plea for being an alien found in the United States following deportation. The court affirmed the conviction and sentence, holding that the BIA did not err in finding defendant removable based on his conviction for use of drug paraphernalia, which was a conviction "relating to a controlled substance" under 8 U.S.C. 1182(a)(2)(A)(i)(II). The court held that the IJ did not violate due process by failing to inform defendant of the possibility of relief through a waiver of inadmissibility under section 1182(h). The court rejected defendant's contention that the district court abused its discretion and imposed a substantively unreasonable sentence.