U.S. v. HIGAREDA-RAMIREZ

No. 99-00066 SOM.

107 F.Supp.2d 1248 (2000)

UNITED STATES of America, Plaintiff, v. Jose Daniel HIGAREDA-RAMIREZ, aka Juan Flores-Calderon, Defendant.

United States District Court, D. Hawai`i.

July 26, 2000.


Attorney(s) appearing for the Case

Omer G. Poirier, Asst. U.S. Atty., Office of U.S. Atty., Honolulu, HI, for Plaintiff.

Samuel P. King, Jr., Honolulu, HI, for Defendant.


MOLLWAY, District Judge.

ORDER DISMISSING INDICTMENT

I. INTRODUCTION.

This case presents the much-litigated question of when due process violations in a deportation proceeding render the proceeding "fundamentally unfair" under 8 U.S.C. § 1326.

The Ninth Circuit has repeatedly held that a due process violation, without more, does not make a deportation proceeding fundamentally unfair under section 1326. The due process...

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