Miranda-Sanchez

United States v. Miranda-Sanchez

Good Law
188 F. App'x 645
United States Court of Appeals for the Ninth CircuitJuly 6, 2006No. 05-50059California1,598 words

Opinion

Lead Opinion

MEMORANDUM **

Enrique Miranda-Sanchez (“Miranda”) appeals his jury conviction and sentence for illegal reentry following removal, in violation of 8 U.S.C. § 1326 . We affirm. Because the parties are familiar with the facts of the case, we need not recount them here.

I.

Miranda makes three arguments as to why the 1991 deportation underlying his § 1326 conviction is invalid and violative of due process, but they are unavailing.

First, Miranda was not prejudiced when the Immigration Judge did not inform him of his rights under INA § 212(h), codified at 8 U.S.C. § 1182 (h). Miranda cannot demonstrate a “ ‘plausible ground’ for relief from deportation,” because he cannot make the requisite showing that his deportation would “impose an ‘extreme hardship’ on [him] or lawful resident family members.” See United States v. Muro-Inclan, 249 F.3d 1180, 1184 (9th Cir.2001). The evidence Miranda presents demonstrates “difficulties in having to move [his] family elsewhere and anticipated difficulties in finding work,” which under our case law are merely “the common results of deportation,” not extreme hardship. See id.

*648 Second, Miranda was not eligible for relief under INA § 245(a),…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.