US v. Gil: Gil came to the United States unlawfully, from El Salvador, in 1989. Upon completing a state prison sentence for several offenses (including attempted murder), Gil began removal proceedings, in which he sought asylum on the basis that he feared MS-13 members would kill him if he was returned to El Salvador. The immigration judge rejected that argument and ordered Gil removed. Gil’s counsel filed an untimely notice of appeal, resulting in the dismissal of his appeal.
Gil was found in the United States again and charged with illegal reentry. He moved to dismiss the charge, arguing that his removal order was unlawful because he was denied effective assistance of counsel with regards to the appeal of that order. The district court denied the motion and Gil was sentenced to 36 months in prison.
On appeal, the Fourth Circuit affirmed the denial of Gil’s motion to dismiss. The court held that in order to successfully file such a motion in an illegal reentry case the defendant must have exhausted his administrative remedies during his immigration proceedings. Here, that meant making complaints of ineffective assistance of counsel to the immigration court. Because he failed to do so, Gil could not challenge his removal order in his illegal reentry prosecution.
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