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OSEGUERA v. STATE

No. 20120018.

332 P.3d 963 (2014)

2014 UT 31

Ramiro OSEGUERA Jr., Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Supreme Court of Utah.

July 29, 2014.

Attorney(s) appearing for the Case

Hakeem Ishola , Jonathan Benson , Aaron Tarin , Carlos Navarro , West Valley City, for appellant.

Sean D. Reyes , Att'y Gen., Ryan D. Tenney , Asst. Att'y Gen., Salt Lake City, for appellee.

Associate Chief Justice NEHRING authored the opinion of the Court, in which Chief Justice DURRANT, Justice DURHAM, Justice PARRISH, and Justice LEE joined.

Associate Chief Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 Mr. Ramiro Oseguera-Garcia Jr. (Mr. Oseguera)1 was a lawful permanent resident of the United States when he pleaded guilty to felony theft in January 2002. In 2010, Mr. Oseguera was arrested by Immigration and Customs Enforcement and Mr. Oseguera's 2002 felony theft conviction. Mr. Oseguera filed for relief under the Utah Post-Conviction Remedies Act...

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