Mejia-Cortez

United States v. Mejia-Cortez

Good Law
81 F. App'x 697
United States Court of Appeals for the Ninth CircuitNovember 21, 2003No. 03-10133; D.C. No. CR-02-00136-DWH/RJJCalifornia472 words

Opinion

Lead Opinion

*698 MEMORANDUM *

Jonathon Mejia-Cortez appeals the district court’s denial of his motion to withdraw his guilty plea to the charge of illegal reentry after removal, 8 U.S.C. § 1326 . We review for abuse of discretion the denial of a defendant’s motion to withdraw. See United States v. Nostratis, 321 F.3d 1206, 1208 (9th Cir.2003).

Mejia-Cortez was a juvenile at the time of his removal hearing. It appears from the record that the Immigration Judge failed to follow applicable regulations and procedures for removing a juvenile alien. See 8 C.F.R. §§ 236.3 (c) and (h), 1240.10(c). Because Mejia-Cortez did not raise this issue in the district court, we review for plain error. United States v. Pacheco-Zepeda, 234 F.3d 411, 413 (9th Cir.2000). The government candidly and commendably concedes that there appear to be valid legal concerns about the removal proceedings in light of Mejia-Cortez’s status as a juvenile, and that a remand for further proceedings is appropriate. On the basis of this concession and the record, we find clear error and exercise our discretion to vacate the order denying withdrawal of the plea. We remand for further proceedings on an open record in order to…

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