U.S. v. MELENDEZ-CASTRO

No. 10-50620.

671 F.3d 950 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio MELENDEZ-CASTRO, aka Antonio Melendres-Castro, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2012.


Attorney(s) appearing for the Case

Amy B. Kapoor , Federal Defenders of San Diego, Inc., for the defendant-appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Assistant U.S. Attorney Chief, Appellate Section Criminal Division, Randy K. Jones , Assistant U.S. Attorney, for the plaintiff-appellee.

Before: D.W. NELSON, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.


OPINION

PER CURIAM:

Defendant Antonio Melendez-Castro appeals his conviction under 8 U.S.C. § 1326(b) for illegal reentry into the United States after being deported. Melendez-Castro challenges his conviction based on a collateral attack of the underlying removal order. We hold that a defect in Melendez-Castro's 1997 immigration proceedings, that he was not meaningfully informed of his eligibility for voluntary departure, violated his due process rights...

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