United States v. Tomas Ramirez-Gonzalez

MEMORANDUM

Tomas Ramirez-Gonzalez appeals his conviction for illegal reentry under 8 U.S.C. § 1326 , collaterally attacking the underlying removal order as a violation of due process and challenging the validity of his waiver of the right to a trial by jury. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. To successfully attack the underlying deportation order, Ramirez-Gonzalez must demonstrate that: “(1) [he] exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.” 8 U.S.C. § 1326 (d); United States v. Rojas-Pedroza, 716 F.3d 1253, 1262 (9th Cir.), cert. denied, — U.S.-, 134 S.Ct. 805 , 187 L.Ed.2d 609 (2013). “An underlying removal order is ‘fundamentally unfair’ if: ‘(1) [a defendant’s] due process rights were violated by defects in his underlying deportation proceeding, and (2) he suffered prejudice as a result of the defects.’ ” United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir.2004) (alteration in original)…