United States v. Gonzalez-Melchor, No. 10-50111 (9th Cir. 2011)
Annotate this CaseDefendant appealed from his conviction and sentence for reentry after deportation. Defendant contended that his deportation was invalid because the IJ failed to advise him of his eligibility for voluntary departure. The government claimed that the court need not reach that question because defendant waived his right to appeal. The court held that appellate waiver, negotiated by the district court at sentencing in exchange for a reduced sentence, was invalid and unenforceable. In a memorandum disposition filed contemporaneously with the opinion, the court held that the IJ failed to adequately advise defendant of his ability to apply for voluntary departure, and the court remanded for the district court to determine whether defendant was prejudiced by that failure.
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