United States v. Garcia-Gonzalez

Defendant conditionally plead guilty to being a previously removed alien illegally found in the United States in violation of 8 U.S.C. 1326(a). On appeal, defendant contended that the district court erred in concluding that he failed to demonstrate that his expedited removal in 2012 was fundamentally unfair; and in refusing to order the government to produce statistics about the numbers of individuals with a background similar to his who were granted a form of discretionary relief. The court concluded that defendant failed to demonstrate that his 2012 expedited removal was fundamentally unfair where, even assuming the existence of a due process violation, defendant has failed to carry his burden of demonstrating prejudice flowing from such violation. Defendant failed to demonstrate that absent such violation, relief in the form of withdrawal of application of admission was plausible. Further, the statistics defendant sought are not presently available and can not be accurately compiled even with the expenditure of significant resources. Accordingly, the court affirmed the judgment. View "United States v. Garcia-Gonzalez" on Justia Law