Reyes-Montiel

MEMORANDUM *

Arturo Reyes-Montiel (“Reyes”) appeals his single count conviction, pursuant to a guilty plea, and sentence for unlawful reentry of a deported alien in violation of 8 U.S.C. §§ 1326 (a) and (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1), and we affirm in part and remand in part with instructions to make technical corrections in the judgment.

I

Reyes contends that he was deprived of due process because the waiver of his right to judicial review of his underlying deportation order was not “knowing and voluntary.” Following an evidentiary hearing, the district court found that the Notice of Intent to Issue a Final Administrative Ruling was adequate, and that there was no evidence that Reyes did not understand it before signing or was under any compulsion to do so. Evidence presented by the government shows that an INS agent met with Reyes and explained his rights to him in Spanish before Reyes signed the expedited removal form that waived his rights. This included the right to contest deportation, the right to be represented by counsel, and the right to seek judicial review. Based on the record, we cannot say that Reyes’s waiver of…