United States v. Luis Vega-Mejia

Vega-Mejia was convicted of illegally reentering the United States after having been previously deported, a violation of 8 U.S.C. § 1326 , and was sentenced to two years in prison. He appeals both his conviction and his sentence. We reject each of his contentions and affirm.

I. Motion to Dismiss

Vega-Mejia moved to dismiss the indictment against him on the ground that the Immigration and Naturalization Service (INS) failed to advise him of his right to confer with Mexican consular officers before the deportation proceedings underlying this conviction, as required by 8 C.F.R. § 242.2 (e) (1978). The district court found that Vega-Mejia was not prejudiced as a result of the INS’s error and denied the motion.

Vega-Mejia challenges the denial and, consequently, his conviction on the ground that the underlying deportation proceedings were unlawful because the INS violated 8 C.F.R. § 242.2 (e) and because this violation caused him not to seek voluntary departure.

United States v. Calderon-Medina, 591 F.2d 529, 530 (9th Cir. 1979), quoting United States v. Barraza-Leon, 575 F.2d 218, 220 (9th Cir. 1978).

Violation of a regulation does not invalidate a deportation proceeding unless…