United States v. Higareda-Ramirez

MOLLWAY, District Judge.

ORDER DISMISSING INDICTMENT

I. INTRODUCTION.

This case presents the much-litigated question of when due process violations in a deportation proceeding render the proceeding “fundamentally unfair” under 8 U.S.C. § 1326.

The Ninth Circuit has repeatedly held that a due process violation, without more, does not make a deportation proceeding fundamentally unfair under section 1326. The due process violations ‘ in this case were legion. Besides being improperly deprived of an opportunity for judicial review, the alien was not informed that he had a right to counsel or of how…