United States Ninth Circuit

In a prosecution for being a deported alien found in the United States without permission, the conviction is affirmed, where: 1) the defendant was deprived of the opportunity for judicial review of his prior removal order, and was exempt from the administrative-remedies exhaustion requirement because did not validly waive his right of appeal; and 2) the defendant was not properly advised of his due process right to counsel nor did he waive this right; but 3) this due process violation was not per se prejudicial; and 4) the defendant could not demonstrate that he had a plausible claim to relief at the time of removal proceedings, so he was not actually prejudiced as a result of the due process violations, and entry of the removal order was not fundamentally unfair.

Appellate Information

• Decided 02/06/2012
• Published 02/06/2012

Judges

• Goodwin

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brendan M. Hickey, Kyle W. Hoffman