United States v. Armando Hernandez-Morales

MEMORANDUM

Defendant Armando Hernandez-Morales appeals his conviction and sentence under 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly found that the 2007 predicate removal was valid under § 1326(d) because Hernandez-Morales failed to show that he was deprived of judicial review in 2007. The 2007 predicate removal was a reinstatement of the 2001 Administrative Order and did not rely in any way on the defective 2006 removal. As a result, Hernandez-Morales was not entitled to further review in 2007 unless he challenged the 2007 proceedings themselves or made a fear-of-persecution claim in 2007.

DHS did not deprive Hernandez-Morales of the opportunity for judicial review in 2007. DHS obtained the 2001 Administrative Order, confirmed that Hernandez-Morales was the same alien who was previously removed, confirmed that Hernandez-Morales unlawfully reentered the United States, and gave Hernandez-Morales written notice of the determination that he was subject to removal. See Ortiz-Alfaro v. Holder, 694 F.3d 955, 956 (9th Cir.2012). Hernandez-Morales then indicated that he did not wish to contest this determination and signed…