Wrongly Convicted Database Record
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Charge: |
Immigration Violation (Illegal entry) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2011 |
Year Convicted: |
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Year Cleared: |
2015 |
U.S. State or Country of Crime: |
California - Federal Case |
County or Region of Crime: |
Santa Clara |
City of Crime: |
San José |
Result: |
Judicially Exonerated |
Summary of Case: |
"Xochitl Cisneros-Rodriguez was wrongly convicted of being in the United States illegally. On December 23, 2015 the U.S. Ninth Circuit Court of Appeals vacated Cisneros-Rodriguez conviction in a majority ruling, and remanded her case to the district court for dismissal of her indictment on the basis her right to counsel was violated by the ICE agent in 2009 who told her a lawyer could not help her to remain in the U.S., when in fact she was facially eligible for a hardship U-visa that would have allowed her to legally remain in the U.S. in spite of her felony drug conviction." |
Conviction Caused By: |
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Innocence Proved By: |
"On December 23, 2015 the U.S. Ninth Circuit Court of Appeals vacated Cisneros-Rodriguez conviction in a majority ruling, and remanded her case to the district court for dismissal of her indictment on the basis her right to counsel was violated by the ICE agent in 2009 who told her a lawyer could not help her to remain in the U.S., when in fact she was facially eligible for a hardship U-visa that would have allowed her to legally remain in the U.S. in spite of her felony drug conviction." |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"United States v. Cisneros-Rodriguez, No. 13-10645 (9th Cir. 12-23-2015) (Vacating conviction and remanding for dismissal of indictment)" |
Information Location 1: |
http://law.justia.com/cases/federal/appellate-courts/ca9/13-10645/13-10645-2015-12-23.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org