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U.S. v. RAMOS

No. 09-50059.

623 F.3d 672 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Isaac RAMOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2010.

Attorney(s) appearing for the Case

Joan Kerry Bader , San Diego, CA, for the defendant-appellant.

Karen P. Hewitt , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, and Eric J. Beste , Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: STEPHEN REINHARDT, STEPHEN S. TROTT and KIM McLANE WARDLAW, Circuit Judges.

OPINION

WARDLAW, Circuit Judge:

Isaac Ramos appeals the district court's denial of his motion to dismiss the indictment for unlawful reentry after a prior deportation in violation of 8 U.S.C. § 1326, which he collaterally attacked in his motion to dismiss. Ramos argues that the Department of Homeland Security ("DHS") and the Immigration Judge ("IJ") violated his due process rights and the applicable regulation when they removed him through the stipulated...

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