United States v. Cisneros-Resendiz, No. 10-50521 (9th Cir. 2011)
Annotate this CaseDefendant, a native and citizen of Mexico, challenged his conviction for illegal reentry after removal on the ground that the removal order on which the conviction was based was invalid. The court held that in light of the "unique circumstances" of defendant's case, it was not plausible that the IJ would have granted him permission to withdraw his application for admission. Therefore, defendant could not show that he was prejudiced by the IJ's alleged error and could not show that the entry of the February 27, 2006 removal order was "fundamentally unfair" as required by 8 U.S.C. 1326(d)(3). Accordingly, defendant's collateral attack on the removal order failed and the court upheld the district court's ruling.
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