United States v. Victor Raya-Vaca

Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326 . In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings under 8 U.S.C. § 1225 , and removed; he was later found in the United States and again arrested. He collaterally attacks the removal order entered against him in 2011, upon which his conviction under § 1326 was predicated. Raya-Vaca contends that his expedited removal proceedings did not comport with due process because, among other errors, the immigration officer who entered the removal order failed to provide Raya-Vaca with notice of the charge against him and an opportunity to respond. Raya-Vaca further asserts that he suffered prejudice as a result. We agree. Accordingly, we reverse the district court’s denial of Raya-Vaea’s motion to dismiss the information and the subsequent conviction.

Factual and Procedural History

I. Background on Raya-Vaca

Raya-Vaca, a 33-year-old native and citizen of Mexico, first came to the United States at approximately the age of six. His mother…