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U.S. v. VIDAL-MENDOZA

No. 11-30127.

705 F.3d 1012 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Carlos VIDAL-MENDOZA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2013.

Attorney(s) appearing for the Case

Ryan Bounds , Assistant United States Attorney, Portland, OR, for Plaintiff-Appellant.

Susan Russell , Assistant Federal Public Defender, Portland, OR, for Defendant-Appellee.

Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

The government appeals from the dismissal of an indictment charging Juan Carlos Vidal-Mendoza with illegal reentry after removal. 8 U.S.C. § 1326(a). We conclude that Vidal-Mendoza's underlying removal proceeding was consistent with due process because he was correctly informed that he was ineligible for discretionary relief from removal under the applicable law at the time of his removal hearing. Therefore, we reverse...

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