United States v. Daniel Rivera

MEMORANDUM *

Daniel Rivera appeals his conviction for illegal reentry under 8 U.S.C. § 1326(a), (b)(2). He argues that the district court erred in failing to dismiss the indictment, under 8 U.S.C. § 1326(d) because he was denied due process in the underlying removal proceedings. We agree, and reverse.

*549An illegal reentry indictment must be dismissed if (among other requirements not disputed in this case) “the entry of the order was fundamentally unfair.” 8 U.S.C. § 1326(d)(3). A removal order is fundamentally unfair if “(1) a defendant’s due process rights were violated by defects in [his]…