Rodriguez-Ocampo

Omar Rodriguez-Ocampo was convicted of two counts of illegal entry under 8 U.S.C. § 1325 . He appeals the district court’s application of a sixteen-level sentencing enhancement pursuant to U.S.S.G. § 2L1.2(b), which applies “[i]f the defendant previously was deported, or unlawfully remained in the United States” after being convicted of certain offenses. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we vacate the sentence and remand for resentencing.

I.

Omar Rodriguez-Ocampo is a Mexican national. He was first removed from the United States in September 2000 via a “stipulated removal” order after pleading no contest to assault III, a felony, in Oregon. The government concedes that, in this case, the removal order was invalid because the stipulated removal process violated Rodriguez-Ocampo’s due process rights under our decision in United States v. Ramos, 623 F.3d 672 (9th Cir.2010), cert. denied, — U.S.-, 132 S.Ct. 240 , 181 L.Ed.2d 136 (2011).

After his initial removal pursuant to the stipulated order, Rodriguez-Ocampo repeatedly returned to the United States to be with his wife and children. He was removed via reinstatement of the stipulated…