United States Ninth Circuit

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US v. Peralta-Sanchez, 14-50393

In a case in which the defendant argued that his expedited removal was fundamentally unfair, and cannot serve as the basis of the illegal reentry count, because he was neither entitled to hire counsel nor advised of his right to apply for withdrawal of his application for admission, his conviction and sentence for illegal entry, and the revocation of supervised release, are affirmed where: 1) defendant had no Fifth Amendment due process right to hire counsel in the expedited removal proceeding under 8 U.S.C. section 1225, and he cannot demonstrate prejudice from the failure to notify him of the right to withdraw his application for admission under 8 U.S.C. section 1225(a)(4); and 2) as a result, defendant's 2012 expedited removal could be used as a predicate for his illegal reentry conviction.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/07

Judges

  • BYBEE

Court

  • United States Ninth Circuit

Counsel


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