United States v. Victor Hernandez

MEMORANDUM

Appellant Victor Alonso Hernandez claims that the district court erred in denying his motion to dismiss the charge that he unlawfully reentered the United States following his deportation. The district court held that Hernandez failed to show that his due process rights were violated by defects in the removal proceedings and even if they were so violated, Hernandez failed to show that he suffered any prejudice as a result. Hernandez then conditionally pled guilty to a single violation of 8 U.S.C. § 1326 pursuant to a plea agreement that specifically preserved his right to appeal the district court’s denial of his motion to dismiss. The district court sentenced Hernandez to thirty-six months in prison. On appeal, Hernandez contends that: (1) he did not receive adequate notice regarding the potential effects of his advance parole; (2) the Immigration Judge (the “IJ”) should have heard his request to renew his application for adjustment of status and seek relief under 8 U.S.C. § 1182 (h)(2) (known as Section 212(h)); (3) the IJ should have advised him to seek a continuance of the removal proceedings because he may have later become eligible for relief; and (4) he…