condition of probation that the defendant return to Mexico was invaHd and revocation of probation for violation of the invaHd condition was an abuse of discretion
How later courts described this case
- condition of probation that the defendant return to Mexico was invaHd and revocation of probation for violation of the invaHd condition was an abuse of discretion
- the Supremacy Clause of the United States Constitution dictates that federal immigration law, not a trial court’s decision, governs an immigrant’s right to remain in or to reenter the United States
- “The supremacy clause of the United States Constitution dictates that federal immigration law, not the decision of the trial court in this case, controls the circumstances under which appellant may or may not re-enter the United States.”
- “ ‘The passage of laws which concern the admission of citizens and subjects of foreign nations to our shores belongs to Congress, and not to the States.’ ” (Citation omitted.)
Written by the judges who cited it.
The opinion
CONCURRING OPINION
ROBERTS, Judge.
I join the court’s opinion on the federal question. I also would hold that these conditions of probation violated Article 1, Section 20, of the Texas Constitution: “[N]or shall any person be transported out of the State for any offence committed within the same.” Reza v. State, 608 S.W.2d 688, 690 (Tex.Cr.App.1980) (Roberts, J., concurring).