United States v. Melendez-Castro, No. 10-50620 (9th Cir. 2012)
Annotate this CaseDefendant appealed his conviction under 8 U.S.C. 1326(b) for illegal reentry into the United States after being deported. On appeal, defendant challenged his conviction based on a collateral attack of the underlying removal order. The court held that a defect in defendant's 1997 immigration proceedings, that he was not meaningfully informed of his eligibility for voluntary departure, violated his due process rights. However, the district court did not consider fully whether defendant suffered prejudice. Therefore, the court remanded to the district court to consider this issue.
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