Vidrio-Osuna

MEMORANDUM *

1. “A defendant who seeks to exclude evidence of a deportation order in a prosecution under 8 U.S.C. § 1326 must do more than demonstrate deprivation of the right to a direct appeal from that order. The defendant also bears the burden of proving prejudice.” United States v. Proa-Tovar, 975 F.2d 592, 595 (9th Cir. 1992) (en banc). Because defendant sustained a serious drug conviction prior to entry of his 1996 deportation order, he was required to “demonstrate unusual or outstanding equities in order to receive relief’ under former section 212(c) of the Immigration and Nationality Act. See United States v. Gonzalez-Valerio, 342 F.3d 1051, 1056-57 (9th Cir.2003). None of the equities cited by defendant are unusual or outstanding, and thus defendant was not prejudiced by the Immigration Judge’s failure to advise him of the possibility of section 212(c) relief.

2. The district court did not abuse its discretion in admitting evidence that defendant was born in Mexico. Because defendant’s birth certificate had an apostille certification, it was self-authenticating under the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. See…