United States v. Wilfredo Felix Ayala

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case requires us to examine the question of whether a federal criminal defendant can obtain postconviction relief pursuant to the common law writ of audita querela. Appellant, Wilfredo Ayala, a Peruvian national, was sentenced in 1987 to two years in prison for conspiracy to distribute cocaine and is currently on parole. During Ayala’s imprisonment, the Immigration and Naturalization Service (“INS”) initiated deportation proceedings against him based on his drug conviction. Arguing that the prospect of…