Wednesday, November 12, 2014

US v. Raya-Vaca, No. 13-50129 (11-10-14)(Murguia with Reinhardt and Fisher). 

Due process in this 1326 case involving expedited removal is boiled down to "show and tell."   The agent has to inform the defendant of the charge and give him an opportunity to be heard.  Neither was done, to the 9th's satisfaction, in this matter.  The defendant swore he was never informed of the expedited process, and what that meant; and he was never allowed to respond.  The prejudice is that the defendant could have plausibly be given an opportunity to withdraw his admission application (a reach, but plausible).  The 9th agreed.  It reversed the denial to the motion to dismiss and vacated the conviction and remanded.

Congrats to Chloe Dillon of the Fed Defenders of San Diego.


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