United States v. Rafael Garcia-Arredondo

MEMORANDUM

Rafael Garcia-Arredondo appeals the district court’s denial of his motion to dismiss his indictment for illegal reentry after deportation. We affirm.

Garcia-Arredondo was convicted of violating a 2007 deportation order. To collaterally attack that order, he must demonstrate a violation of due process rights and prove resulting prejudice. See United States v. Reyes-Bonilla, 671 F.3d 1036, 1039 (9th Cir.2012), cert. denied, — U.S. -, 133 S.Ct. 322 , 184 L.Ed.2d 190 (2012). The 2007 deportation order was a reinstatement of a 2002 order, so we look back to the 2002 order. See United States v. Arias-Ordonez, 597 F.3d 972, 978 (9th Cir.2010).

Garcia-Arredondo first argues that we should look further back before 2002 to a 1999 removal proceeding. The 2002 proceedings were independent of the 1999 proceeding; they were not reinstatement proceedings. Garcia-Arrendondo conceded he was deportable in 2002. We thus do not look back to 1999 for due process violations.

In the alternative, Garcia-Arredondo argues he was directly denied due process in the 2002 proceedings because he was denied a continuance and allegedly received ineffective assistance of counsel. In 2002,…