United States v. Martin Francisco Galicia-Gonzalez

Galicia-Gonzalez’s first run-in with federal law was when he was convicted for importing aliens for immoral purposes. See 8 U.S.C. § 1328 . After he served his sentence, the INS issued Galicia-Gonzalez (an undocumented alien) an order to show cause why he should not be deported. He waived his deportation hearing, conceded deportability and was deported on January 23, 1992, through port of entry El Paso, Texas. Back in Mexico, defendant headed West, then North back into the United States. Just a week after his deportation, an INS special agent stopped Galicia-Gonzalez in Vista, California, where he admitted to entering the United States illegally.

Defendant pled guilty to 8 U.S.C. § 1326 , being present in the United States after a prior deportation. In his plea agreement, he reserved the right to appeal the denial of his motion to dismiss the indictment on the basis that his waiver of the right to appeal his deportation proceedings wasn’t knowing. We must decide whether this waiver—and thus the deportation itself—was valid; and, if it was not, whether defendant has made a prima facie showing of prejudice under United States v. Proa-Tovar, 975 F.2d 592 (9th Cir.1992) (en…