United States of America v. Emilio Jimenez-Daniel

Cedar Rapids, Iowa criminal defense lawyer represented defendant charged with reentry after deportation.



Emilio Jimenez-Daniel, age 34, a citizen of Mexico illegally present in the United States and residing in Aurora, Colorado, received the prison term after a guilty plea on November 16, 2021, to one count of illegal reentry into the United States after having been deported.



At the guilty plea, Jimenez-Daniel admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Jimenez-Daniel was deported in September 2003, October 2003, September 2004, May 2011, January 2013, and June 2018. Jimenez-Daniel was convicted in the Iowa District Court for Johnson County of Operating While Intoxicated, second offense, a felony, in February 2021. He was also convicted of Driving Under the Influence in Kansas and Driving Under the Influence in Colorado for offenses occurring in July and September 2009.



Jimenez-Daniel was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jimenez-Daniel was sentenced to 10 months' imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.



Jimenez-Daniel is being held in the United States Marshal's custody until he can be transported to a federal prison.



The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.



8 U.S.C. §1326. Reentry of removed aliens



(a) In general



Subject to subsection (b), any alien who—



(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter



(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,



shall be fined under title 18, or imprisoned not more than 2 years, or both.

(b) Criminal penalties for reentry of certain removed aliens



Notwithstanding subsection (a), in the case of any alien described in such subsection—



(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;



(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;



(3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.1 or



(4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.



For the purposes of this subsection, the term "removal" includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.

(c) Reentry of alien deported prior to completion of term of imprisonment



Any alien deported pursuant to section 1252(h)(2) 2 of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.

(d) Limitation on collateral attack on underlying deportation order



In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that—



(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;



(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

Defendant was sentenced to 10 months imprisonment. 3 years supervised release. $100 special assessment (remitted).