US v. Gonzalez-Villalobos, No. 12-30150 (July 26, 2013) (Paez with Fisher and Gould).


There was no error in denying a motion to dismiss a 1326 indictment without a hearing on whether the prior deportation was fundamentally unfair. The defendant had to allege some facts which supported his contention of unfairness, or inability to secure prior judicial review.