United States v. Barajas-Alvarado, No. 10-50134 (9th Cir. 2011)
Annotate this CaseDefendant entered a conditional guilty plea to one count of attempted entry after deportation in violation of 8 U.S.C. 1326(a) and (b). On appeal, defendant claimed that the Immigration and Naturalization Act (INA) precluded any meaningful judicial review of an expedited removal order, including review of a collateral challenge to such an order in a section 1326 action; under United States v. Mendoza-Lopez, some meaningful review of the order was constitutionally required before the order could be used as a predicate to a criminal proceeding; and therefore, because the statue precluded review, expedited removal orders could not be used as predicates in section 1326 prosecutions. The court held that defendant was entitled to judicial review of the predicate expedited removal orders underlying his section 1326 prosecution but failed to show any prejudice resulting from the alleged procedural flaws in the proceedings that resulted in those orders. Therefore, the court affirmed the district court's denial of defendant's motion to dismiss his indictment and the subsequent conviction and sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.