On January 27, 2014 the NInth Circuit Court of Appeals in
Chavez-Reyes v. Holder upheld the Board of Immigration Appeals (BIA) decsion finding
Chavez-Reyes removable based on a reason to believe he was engaged in or assiting others
with illicit trafficking in a controlled substance based on circumstantial
evidence and a guilty plea to intent to distribute a controlled substance.
The Ninth Circuit panel held the BIA was correct in their considering the
guity plea even though the resulting conviction was overturned because
the police officers lacked reasonable suspicion to conduct a traffic stop.The
BIA did not violate due process rights because the reason for the conviction
being overturned did not relate to the voluntariness of the guitly plea.