United States v. Raul Delacruz-Ulin

MEMORANDUM

Raul De La Cruz-Ulin (“De La Cruz”) appeals his conviction following a conditional guilty plea for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 . De La Cruz argues that due process violations invalidated the removal order that was the basis of the § 1326 conviction. The district court denied the motion to dismiss the § 1326 charge on the basis that, even though there was a due process violation, De La Cruz suffered no prejudice. Reviewing the claim de novo, we affirm.

In the deportation proceeding that led to the underlying removal order, De La Cruz waived his right to counsel and to appeal. Those waivers did not comply with due process requirements. But the due process violations do not warrant dismissal of the § 1326 charge because De La Cruz cannot show that he was prejudiced as a result.

To show prejudice, De La Cruz must show that he had a plausible ground for relief from the removal order. De La Cruz asserts that he had a plausible ground for relief in the form of fast-track voluntary departure. 8 U.S.C. § 1229c(a); see United States v. Arias-Ordonez, 597 F.3d 972, 978 (9th Cir.2010). The record shows, however, that De La Cruz was…