Guzman-Guzman
United States v. Guzman-Guzman
Opinion
Lead Opinion
MEMORANDUM **
Martin Guzman-Guzman appeals from his conviction and sentence for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Guzman-Guzman contends that the district court erred by denying his motion to dismiss the indictment, because the entry of the underlying 1997 removal order and the subsequent 2001 reinstatement of the removal order violated his due process rights. Guzman-Guzman’s due process challenge to the reinstated removal order is foreclosed. See MoralesIzquierdo v. Gonzales, 486 F.3d 484, 498 (9th Cir.2007) (en banc). Because Guzman-Guzman challenges his conviction, his collateral attack on the 1997 removal order is not rendered moot by his removal to Mexico. See United States v. Plancarte-Alvarez, 366 F.3d 1058, 1063-64 (9th Cir.2004) (holding that, because deported defendant might return to this country, deportation does not preclude effectual relief); see also Chaker v. Crogan, 428 F.3d 1215, 1219 (9th Cir.2005) (holding that prospect of collateral consequences resulting from a criminal conviction establishes a live controversy).