United States Ninth Circuit

Denial of a motion to dismiss an information charging defendant with illegal reentry after having been removed in violation of 8 U.S.C. section 1326 - and defendant's subsequent conviction - is reversed and remanded, where: 1) in 2011, defendant was arrested and subjected to expedited removal proceedings under 8 U.S.C. section 1225; 2) defendant's section 1326 conviction is predicated on his section 1225 removal order; 3) defendant was entitled to section 1225 removal proceedings that conformed to the dictates of due process; 4) during the section 1225 removal proceedings, the immigration officer's failure to advise defendant of the charge against him and to permit him to review the prepared statement violated due process; and 5) defendant suffered prejudice as a result of this due process violation, because he could potentially have been granted relief in the form of withdrawal of his application for admission.

Appellate Information

• Decided 11/10/2014
• Published 11/10/2014

Judges

• Murguia

Court

• United States Ninth Circuit

Counsel