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State of Iowa v. Guillermo Avalos Valdez. IA Criminal law, immigration status.
The defendant was stopped in Woodbury County, Iowa, for driving 84 MPH in a 70 MPH zone on Interstate 29. When deputies approached the vehicle, there was a strong smell of marijuana, and 184 pounds of marijuana were found in the vehicle, along with a loaded pistol with "Grim Reaper handgrips." The defendant had entered the United States in 1997 without legal permission. He was found guilty, and at the time of sentencing, he was under an Immigration and Customs Enforcement (ICE) hold for potential deportation.
The defendant argued for probation, but the District Court, Judge John D. Ackerman, denied this request and sentenced the defendant to prison, noting:
The statement that you think this Court would give a U.S. citizen with the same record a suspended sentence is not accurate. 180 pounds of marijuana is one big deal, and it's -- he's a danger to the community. And he's also a flight risk. I don't think probation would be appropriate with pleading to this charge given his immigration status. He won't be available if I were to award probation, as I understand it. So I don't think probation is an appropriate sentence here.
The defendant appealed, and the case was ultimately heard by the Iowa Supreme Court, which affirmed. That court held:
immigration status per se is not an appropriate sentencing consideration, but that immigration status may be taken into account to the extent it affects an otherwise relevant sentencing factor. We also conclude that on this record, the district court properly determined that probation would not be appropriate for someone whose probation would have to be supervised in Mexico.
Note that most states cited by the court had similar holdings, including Nebraska. State v. Cerritos-Valdez, 889 N.W.2d 605, 611-13 (Neb. 2017). Minnesota is among the minority of states with a contrary holding. State v. Mendoza, 638 N.W.2d 480 (Minn. Ct. App. 2002), but see also State v. Kebaso, 713 N.W.2d 317, 324 n.7 (Minn. 2006).
No. 18-0955 (Iowa Oct. 18, 2019).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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