United States v. Sandoval

McCONNELL, Circuit Judge.

Joselito Sandoval was removed from the United States to El Salvador in 1999. After he entered the United States through Mexico in 2002, Mr. Sandoval was arrested and charged with illegal reentry of a removed alien in violation of 8 U.S.C. § 1326. Mr. Sandoval entered a plea of guilty, but, immediately before sentencing, he filed a motion to withdraw his plea on the ground that his counsel failed to advise him of an available defense. In support of his motion, Mr. Sandoval argued that his 1999 deportation proceeding was fundamentally unfair and therefore could not be…