United States v. Cordova-Soto, No. 14-50053 (5th Cir. 2015)
Annotate this CaseDefendant appealed her conviction for illegal reentry in the United States as a previously removed alien. The court rejected defendant's claim that the IJ’s failure to make an express determination of voluntariness constituted a due process violation and concluded that such failure did not render her proceedings fundamentally unfair. Further, the court rejected defendant's contention that an ICE agent's misinformation about the possibility of obtaining relief rendered her waiver unknowing and involuntary because the court's precedent precludes defendant from demonstrating plain error. Therefore, defendant has not carried her burden of showing that the agent’s advice rendered her proceedings fundamentally unfair. Accordingly, the court affirmed the judgment.
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