United States v. Eudoro Rodriguez-Chacon
Opinion
Opinion
MEMORANDUM
Eudoro Rodriguez-Chacon (“Rodriguez”) appeals his jury conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and we affirm his conviction.
1. In order to prevail on a collateral attack of an underlying deportation proceeding, Rodriguez must demonstrate: “(1) that he exhausted all administrative remedies available to him to appeal his removal order, (2) that the underlying removal proceedings at which the order was issued improperly deprived [him] of the opportunity for judicial review and (3) that the entry of the order was fundamentally unfair.” United States v. Melendez-Castro, 671 F.3d 950, 953 (9th Cir.2012) (alteration in original) (internal quotation marks omitted); 8 U.S.C. § 1326 (d). A removal order is “ ‘fundamentally unfair’ if: ‘(1) a defendant’s due process rights were violated by defects in his underlying deportation proceeding, and (2) he suffered prejudice as a result of the defects.’ ” United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir.2004) (alteration omitted) (quoting United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir.1998)).