United States v. Arturo Cisneros-Flores

MEMORANDUM

In this consolidated appeal, Arturo Cisneros-Flores challenges his conviction following a conditional guilty plea to illegal entry after deportation, in violation of 8 U.S.C. § 1326 . Cisneros also challenges the district court’s revocation of his supervised release from a prior § 1326 conviction. Both challenges are based on alleged due process violations resulting from denial of counsel at his 1997 deportation proceeding. Cisneros contends that he should have been told, by counsel or by the immigration judge (“IJ”), of the possibility that he could avoid deportation by marrying his girlfriend. We affirm.

Cisneros first came to the United States from Mexico when he was 20 years old, in about 1987. He entered without inspection and began living in Oakland, California. He was homeless for several years, and was convicted of several misdemeanor offenses for petty theft and drug possession. In 1994, Cisneros became romantically involved with Tina Gomez, a United States citizen, and began raising her three children with her. He fathered a child with her in 1999, but that child was given up for adoption.

Cisneros has been deported at least eight times since 1995. On…