Ramirez-Robles

MEMORANDUM **

I

Ramirez-Robles argues that the government violated his due process rights by *23 failing to preserve video footage that he claims would exculpate him. Reviewing the district court’s determination de novo, United States v. Cooper, 983 F.2d 928, 931 (9th Cir.1993), we reject the argument.

For the destruction of evidence to constitute a constitutional violation, the “evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.” California v. Trombetta, 467 U.S. 479, 489 , 104 S.Ct. 2528 , 81 L.Ed.2d 413 (1984). The failure to preserve “potentially useful evidence” does not violate due process “unless a criminal defendant can show bad faith on the part of the police.” Arizona v. Youngblood, 488 U.S. 51, 57-58 , 109 S.Ct. 333 , 102 L.Ed.2d 281 (1988).

Ramirez-Robles’s claim fails. The video, if preserved would not have been exculpatory. Reentry after deportation is not a crime if “the Attorney General has expressly consented to such alien’s reapplying for admission.” 8 U.S.C. § 1326 (a)(2). Valid…