United States v. Jesus Arredondo-Martinez

MEMORANDUM

Appellant Jesus Arredondo-Martinez appeals his conviction for illegal reentry after removal in violation of 8 U.S.C. § 1826 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Arredondo-Martinez attempted to reenter the United States from Mexico in 2000 and 2002. On both occasions he was removed on an expedited basis pursuant to 8 U.S.C. § 1225 (b)(1). He now collaterally attacks those removal orders on the grounds that they deprived him of due process.

Arredondo-Martinez’s collateral challenges can succeed “only if he is able to demonstrate that: (1) his 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. Garcia-Martinez, 228 F.3d 956, 960 (9th Cir.2000) (internal quotation marks omitted).

Even if Arredondo-Martinez could show that his due process rights were violated, he cannot show prejudice. Because Arre-dondo-Martinez attempted to enter the country using an invalidated resident alien card in 2000 and a false birth certificate in 2002, he cannot show that it is “plausible” that the immigration officer would have exercised his discretion to…