United States v. Raul Guzman-Ibarez

OPINION

FERNANDEZ, Circuit Judge:

Raul Guzman-Ibarez appeals his conviction and sentence for illegal reentry after deportation or removal. See 8 U.S.C. § 1326. Specifically, he asserts that his indictment should have been dismissed by the district court because he was denied due process at his deportation hearing on August 25, 1999, which precludes use of the deportation order in a criminal pro*1097ceeding. See id. § 1326(d). We vacate his conviction and sentence and remand.

BACKGROUND

Guzman was born in Mexico, but came to the United States in 1979, when he was about six years old. He became a Legal…