United States v. Juan Vidal-Mendoza

The government appeals from the dismissal of an indictment charging Juan Carlos Vidal-Mendoza with illegal reentry after removal. 8 U.S.C. § 1326 (a). We conclude that Vidal-Mendoza’s underlying removal proceeding was consistent with due process because he was correctly informed that he was ineligible for discretionary relief from removal under the applicable law at the time of his removal hearing. Therefore, we reverse the dismissal of the indictment against Vidal-Mendoza and remand for further proceedings.

I

Vidal-Mendoza is a citizen of Mexico who came to the United States in 1995. In December 1999, he pleaded guilty to third degree rape under Oregon law and received 180 days in jail, a $1,000 fine, and three years probation. The charge was for sexual contact between Vidal-Mendoza, who was 22 years old at the time, and his then-girlfriend, who was under the age of 16. In 2002, he pleaded guilty for failing to register as a sex offender and was sentenced to two years’ probation. He voluntarily left the country some time later.

In February 2004, Border Patrol officers caught Vidal-Mendoza as he reentered the United States. A few days later, he appeared before an…