United States v. Luis Martinez-Sanchez

MEMORANDUM

Luis Martinez-Sanchez (“Martinez”), a citizen and national of Mexico, appeals the district court’s denial of his motion to dismiss an indictment charging him, pursuant to 8 U.S.C. § 1326 , with illegal reentry after deportation. Martinez brings a collateral attack against the predicate removal order, alleging that he was denied due process when he was not given a meaningful opportunity to apply for voluntary departure. Martinez claims that this error was prejudicial, and that the removal order therefore cannot serve as the basis for the § 1326 charge.

The district court denied Martinez’s motion to dismiss, concluding both that Martinez failed to demonstrate a due process violation and that he was not prejudiced by any alleged error. Martinez subsequently pled guilty pursuant to a written conditional plea agreement. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the district court’s decision. Because we hold that the district court did not err in finding that Martinez cannot demonstrate prejudice, we need not address the merits of his due process claims.

1. In order to establish prejudice as the result of a due process violation under § 1326, the…