The opinion of the court was delivered by: Hayes, Judge
The matter before the Court is the motion to dismiss indictment due to invalid deportation filed by the Defendant Jose Jesus Ponce. (Doc. # 8).
Defendant came to the United States from Mexico as a child. On April 27, 1989, at the age of ten, Defendant became a Legal Permanent Resident of the United States. Defendant has no close family in Mexico and all of his close relatives live in the United States. Defendant attended school in the United States but did not graduate from high school or complete a GED.
At the age of fourteen, Defendant entered into a relationship with a sixteen year old girl who was a United States citizen. The couple had two children born on April 19, 1994 and May 5, 1997. Defendant suffered his first criminal conviction in 1998 for possession of a dangerous weapon. On March 21, 2001, Defendant was convicted of possession of methamphetamine in violation of Cal Health and Safety Code Section 11377(a) and sentenced to 90 days in jail.
In October, 2001, while on probation, Defendant was convicted of vehicle theft in violation of Cal Vehicle Code Section 10851(a) and sentenced to 16 months in prison.
On July 17, 2002, Defendant appeared before an Immigration Judge. The Immigration Judge found that Defendant was subject to removal. The Immigration Judge informed the Defendant that he was not eligible for cancellation of removal because of aggravated felony convictions for possession of methamphetamine and vehicle theft. Defendant reserved his right to appeal.
On July 24, 2002, Defendant elected to withdraw his appeal and was removed to Mexico.
In 2004, Defendant married a United States citizen. The couple had two children born in the United States on November 26, 2004 and June 7, 2006.
On October 7, 2005, Defendant was convicted of possession of methamphetamine in violation of California Health and Safety Code Section 11377(a) and sentenced to three years probation. His probation was later revoked and he was sentenced to two years in prison.
On May 19, 2006, an Immigration Judge ordered Defendant removed to Mexico in a stipulated removal proceedings after the Defendant waived his right to an immigration hearing.
On May 26, 2006, Defendant was removed to Mexico.
On September 13, 2006, Defendant was convicted of vehicle theft in violation of Cal Vehicle Code Section 10851(a) and evading a peace officer in violation of California Vehicle Code Section 2800.2(a).
On July 13, 2008, Defendant applied for admission into the United States through the pedestrian lane at the San Ysidro, California port of entry presenting a Resident Alien Card to the Border Patrol Agent. Defendant ...