United States v. Sabino Rodriguez-Hernandez

MEMORANDUM

Sabino Rodriguez-Hernandez appeals his conviction following his conditional guilty plea to one count of being a deported alien in the United States, in violation of 8 U.S.C. § 1326 (a) & (b). Rodriguezr-Hernandez argues that the district court erred in denying his motion to dismiss the indictment on the ground that his initial deportation was invalid. We conclude that Rodriguez-Hernandez validly waived his right to appeal the decision of the Immigration Judge (IJ), and we affirm the district court.

On September 9, 1999, the IJ ordered Rodriguez-Hernandez removed on the basis that he had been convicted of an aggravated felony. Rodriguez-Hernandez waived his right to appeal, was deported, and subsequently re-entered the United States. Rodriguez-Hernandez now claims that the original deportation order was in error and that he did not understand English well enough to give a “considered and intelligent” waiver of his right to appeal. Ubaldo-Figueroa, 364 F.3d at 1048 (cita tion omitted). The government bears the burden of demonstrating by “clear and convincing evidence” that the defendant’s waiver was considered and intelligent. See United States v. Pallares-Galan, 359…