Tavizon-Ruiz
United States v. Tavizon-Ruiz
Opinion
Lead Opinion
Donato, J.
ORDER RE INDICTMENT
Re: Dkt. No.
On February 25, 2016, defendant Jose Armando Tavizon-Ruiz was indicted under 8 U.S.C. § 1326 on one count of illegal reentry following deportation. Dkt. No. 1. The indictment alleges predicate removals from the United States in 1999 and 2006, id., based on narcotics convictions in Arizona. See Dkt. No. 18 at 2-3. Tavizon-Ruiz seeks dismissal of the indictment on the ground that a new interpretation of aggravated felonies under the Immigration and Nationality Act should be applied retroactively to invalidate the predicate removals. Dkt. No. 18. The Court held oral argument on July 14, 2016, and dismisses the indictment.
“Because the underlying removal serves as a predicate element of an illegal entry offense under § 1326, a defendant charged with that offense may collaterally attack the removal order under the due process clause.” United States v. Maldonado-Melgoza, 642 Fed.Appx. 737, 738 (9th *1078 Cir.2016) (internal quotation omitted). To bring a collateral attack, the defendant must show that: (1) he exhausted the administrative remedies available for seeking relief from the removal order; (2) the deportation proceedings “improperly…