Gonzalez-Flores

United States v. Gonzalez-Flores

Good Law
2015 D.A.R. 11·804 F.3d 920·2015 U.S. App. LEXIS 9504
United States Court of Appeals for the Ninth CircuitJune 8, 2015No. 14-50067California2,896 words

Opinion

Lead Opinion

Ikuta, J.

Order; Opinion by Judge IKUTA.

ORDER

The opinion filed on June 8, 2015, and published at 788 F.3d 1094 , is hereby amended as follows:

With these amendments, the petition for panel rehearing is DENIED. Judge Bybee and Judge Ikuta voted to deny the petition for rehearing en banc and Judge Melloy so recommended. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

Humberto Gonzalez-Flores appeals from the district court’s denial of his motion to dismiss an information charging him under 8 U.S.C. § 1326 with being an alien found in the United States after he was removed in 2004. We affirm. Gonzalez-Flores may not bring a collateral attack against the removal order underlying his conviction because any error at the 2004 removal proceedings was not prejudicial. See 8 U.S.C. § 1326 (d)(3); United States v. Vidal-Mendoza, 705 F.3d 1012, 1015-16 (9th Cir.2013).

I

Gonzalez-Flores, a citizen of Mexico, entered the United States illegally in…

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