Sentencing — immigration

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — immigration

A sentencing court cannot order that a defendant be turned over to immigration authorities after completing his prison sentence.

“There clearly is no need for the ‘added measure’ in this case, because the defendant is an aggravated felon, as a result of previous felony convictions for robbery. See 8 U.S.C. §§ 1101(a)(43)(F), (G). An aggravated felon who is an alien is removable upon the completion of his prison sentence, § 1227(a)(2)(A)(iii), and the removal proceedings must be begun and if possible completed before the end of his prison term and if they are not completed he must be detained until then. See 8 U.S.C. §§ 1226(c)(1)(B), 1228(a)(1)-(2), (3)(A). We have difficulty imagining, in light of these provisions, what purpose would be served by the sentencing judge’s ordering the defendant upon completion of his prison term to be turned over to the immigration authorities—he will be anyway. Such an order would be needed only when there was reason to think that the defendant would somehow evade the rules governing aliens who are adjudged to be aggravated felons. There is no suggestion of any such danger in this case.”

So Ordered.

12-2480 U.S. v. Zamudio

Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Posner, J.