United States v. Fidel Luna-Madellaga

The salient question in this case is whether the word “removal” in 8 U.S.C. § 1326(b)(2) refers to a “removal” as that term is used in immigration law or whether Congress used it in its colloquial sense, namely as a “physical removal.” It is not a trivial inquiry, because the answer dictates whether Luna-Madellaga, and others similarly situated will be subject to a tenfold increase in the maximum punishment for the crime at issue. Because the plain language of the statute, its structure, and its legislative history clearly indicate that Congress meant “removal” in its technical sense, I…