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U.S. v. HERNANDEZ-VERMUDEZ

No. 03-50160.

356 F.3d 1011 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Luis HERNANDEZ-VERMUDEZ, aka John Doe, aka Luis Hernandez Vermudez, aka Luis Hernandez-Bermudez, aka, Luis Eduardo Hernandez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2004.

Attorney(s) appearing for the Case

Brian M. Hoffstadt, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellant.

James H. Locklin, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee.

Before BRUNETTI, T.G. NELSON, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

We hold today that an illegal alien who enters this country without inspection and commits an aggravated felony is subject to administrative removal pursuant to 8 U.S.C. § 1228(b). Such an alien is treated just as one who was "admitted" to the United States and who then committed an aggravated felony. We reject the contention that Congress intended to exempt from expedited administrative removal aggravated felons who enter the country...

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