United States v. Barajas-Alvarado

OPINION

IKUTA, Circuit Judge:

To convict an alien criminal defendant of illegal reentry under 8 U.S.C. § 1326, 1 the government must prove that the alien left the United States under order of exclusion, deportation, or removal, and then illegally reentered. In United States v. Mendozar-Lopez, the Supreme Court held that a criminal defendant has a Fifth Amendment right to “some meaningful review” of a prior administrative proceeding that resulted in the exclusion, deportation, or removal order used as a predicate to a § 1326 offense. 481 U.S. 828, 837-38, 107 S.Ct. 2148, 95 L.Ed.2d 772 (1987).…