United States v. Banda

EDITH H. JONES, Circuit Judge:

Marco Antonio Banda, an alien, pleaded guilty to possession with intent to distribute 497 bottles of dimentáne containing 99 grams of codeine in violation of 21 U.S.C. §§ 841(a) and 841(b)(3). Banda did not appeal his conviction and sentence. Subsequently, the Immigration and Naturalization Service brought deportation proceedings against Banda based on the conviction. To forestall his deportation, Banda sought relief under 28 U.S.C. § 2255 and a writ of audita querela pursuant to the All Writs Act, 28 U.S.C. § 1651(a). The thrust of Banda’s complaint is that he…