Osuna-Gutierrez v Johnson

Osuna-Gutierrez petitioned for review of his expedited removal. The panel affirmed. It held that Congress created the expedited removal program and transferred responsibility for it to the Department of Homeland Security under the plain language of 6 USC 251. It held that read together, 8 USC 1228, 1229 and 1252 authorize expedited removal without using an immigration judge as expedited proceedings are exempt from the requirement to use an immigration judge and immigration judges do not issue removal orders as authorized by 1228. It held expedited removal order here was supported by clear, convincing and unequivocal evidence as the judgment of conviction states Osuna-Gutierrez pled guilty to felony marijuana possession with intent to distribute, he received two years supervised release which is longer than the one year term authorized for a misdemeanor and he was barred from possessing firearms which is also not a condition for misdemeanor convictions and thus Osuna-Gutierrez was convicted of a federal felony drug trafficking crime and was properly removed.