United States Ninth Circuit

In a case in which defendant claims that his 2004 removal order was invalid because the immigration judge violated his due process rights by failing to inform him that he might be eligible for voluntary departure, the district court's denial of motion to dismiss an information charging defendant under 8 U.S.C. section 1326 with being an alien found in the US after removal is affirmed where defendant may not bring a collateral attack against the removal order because any error at the 2004 removal proceedings was not prejudicial.

Appellate Information

• Decided 06/08/2015
• Published 06/08/2015

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel