Juan Nava Cerujo v. Immigration & Naturalization Service

In accepting petitioner’s guilty plea, a Wisconsin judge recommended against his deportation but did not give pre-sentencing notice to the Immigration and Naturalization Service pursuant to Section 241(b) of the Immigration and Nationality Act (8 U.S.C. § 1251(b)). The Board of Immigration Appeals held that the judge’s recommendation against deportation was ineffective for want of compliance with the prior notice provision in the statute, so that, as the Immigration Judge concluded, petitioner was subject to deportation to Mexico under Section 241(a)(4) as an alien who had been convicted of…