U.S. v. GARCIA-QUINTANILLA

No. 08-50400.

574 F.3d 295 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GARCIA-QUINTANILLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 2009.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for U.S.

Judy Fulmer Madewell (argued), Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.


PRADO, Circuit Judge:

An immigration judge ordered Appellant Jose Garcia-Quintanilla, a Salvadoran native and citizen, removed to El Salvador. As a necessary step in his removal, Garcia-Quintanilla needed to interview with Salvadoran officials. He refused, however, to participate in such an interview, insisting that he would rather spend his life in a United States prison than return to El Salvador. As a result, Garcia-Quintanilla was convicted of failing to depart...

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