United States v. Jorge Bravo-Rosas

MEMORANDUM

Jorge Francisco Bravo-Rosas appeals his conviction for illegal reentry after removal in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 .

I.

To convict a defendant of “illegal reen- ■ try under 8 U.S.C. § 1326 , the Government must establish that the defendant ‘left the United States under order of exclusion, deportation, or removal, and then illegally reentered.’ ” United States v. Raya-Vaca, 771 F.3d 1195, 1201 (9th Cir.2014) (quoting United States v. Barajas-Alvarado, 655 F.3d 1077, 1079 (9th Cir.2011)). Bravo filed a motion to dismiss the indictment to challenge the validity of the expedited removal order that served as the basis for his conviction, as was his right under the Fifth Amendment. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir.2004). We review “a denial of a motion to dismiss an 8 U.S.C. § 1326 indictment de novo when the motion is based upon ... alleged due process defects] in the underlying deportation proceeding.” Rayar-Vaca, 771 F.3d at 1201 (9th Cir.2014) (quoting United States v. Camacho-Lopez, 450 F.3d 928, 929 (9th Cir.2006)). We review for clear error the district court’s findings of fact.…