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U.S. v. GOMEZ

No. 11-30262.

732 F.3d 971 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Faustino GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2013.

Attorney(s) appearing for the Case

Rebecca L. Pennell (argued), Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant-Appellant.

Alexander C. Ekstrom (argued), United States Attorney's Office for the Eastern District of Washington, Yakima, WA, for Plaintiff-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge:

Faustino Gomez appeals the district court's denial of his motion to dismiss the indictment charging him with illegal reentry under 8 U.S.C. § 1326. Gomez argues that his underlying 2006 removal was invalid because the stipulated removal proceeding violated his right to due process and denied him an opportunity to seek voluntary departure. We hold that the removal was invalid for two independent reasons: (1) the stipulated...

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