United States v. Mario Barragan-Camarillo
Opinion
Opinion
MEMORANDUM
Plaintiff Mario Barragan-Camarillo, a Mexican citizen, appeals his conviction pursuant to 8 U.S.C. § 1326 for illegal reentry following removal. Barragan-Camarillo contends that the expedited removal process that resulted in the underlying removal order violated the Due Process Clause of the Fifth Amendment and thus could not form the basis for the subsequent § 1326 prosecution. We affirm the judgment of conviction.
This case is largely governed by our recent decision in United States v. Barajas-Alvarado, 655 F.3d 1077 (9th Cir.2011). Barajas-Alvarado held that due process requires that an alien prosecuted under § 1326 have an opportunity for “some meaningful review” of the predicate expedited removal order if he alleges that the proceedings were “fundamentally unfair.” Id. at 1087-88; see also United States v. Mendoza-Lopez, 481 U.S. 828, 837-38, 107 S.Ct. 2148 , 95 L.Ed.2d 772 (1987). A proceeding is fundamentally unfair if it “ ‘violated the alien’s due process rights and the alien suffered prejudice as a result.’ ” Barajas-Alvarado , 655 F.3d at 1087 (quoting United States v. Arias-Ordonez, 597 F.3d 972, 976 (9th Cir.2010)).