Legal Opinion
United States v. Melendez-Castro
Court of Appeals for the Ninth Circuit
Decided January 18, 2012No. 10-50620PublishedCited by 29 opinions
1Opinion of the Court
OPINION
2Per curiam
Defendant Antonio Melendez-Castro appeals his conviction under 8 U.S.C. § 1326(b) for illegal reentry into the United States after being deported. Melendez-Castro challenges his conviction based on a collateral attack of the underlying removal order. We hold that a defect in Melendez-Castro’s 1997 immigration proceedings, that he was not meaningfully informed of his eligibility for voluntary departure, violated his due process rights. However, the district court did not consider fully whether Melendez-Castro suffered prejudice. We therefore remand for the district court to address this…
3Cases cited7 opinions
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
- United States v. Isidro Ubaldo-FigueroaCourt of Appeals for the Ninth Circuit · 2004
- United States v. Juan Manuel Muro-InclanCourt of Appeals for the Ninth Circuit · 2001
- United States v. Gil Leon-PazCourt of Appeals for the Ninth Circuit · 2003
- United States v. Lopez-VelasquezCourt of Appeals for the Ninth Circuit · 2010
2 more not listed; retrieve them via the Exa API.
4Cited by29 opinions
- United States v. Aguilera-RiosCourt of Appeals for the Ninth Circuit · 2014
- United States v. Jesus Valdez-NovoaCourt of Appeals for the Ninth Circuit · 2014
- United States v. Xochitl Garcia-SantanaCourt of Appeals for the Ninth Circuit · 2014
- United States v. Encarnacion Gonzalez-VillaloboCourt of Appeals for the Ninth Circuit · 2013
- United States v. Jorge Aguilera-RiosCourt of Appeals for the Ninth Circuit · 2014
24 more not listed; retrieve them via the Exa API.