United States v. Segundo, __ F.Supp.3d __ (S.D. Tex. Nov. 16, 2010) ("Mr. Gonzalez Segundo's May 13, 2003 reinstatement order was based upon his April 1, 2002 removal order. He has successfully shown that the April 1, 2002 removal
order was the result of a proceeding that violated his rights to procedural due process and eliminated his rights to judicial review. The reinstatement proceeding in May 2003 did not permit Mr. Gonzalez Segundo the opportunity to obtain any review, administrative or judicial, of the underlying deportation order. 8 U.S.C.
1231(a)(5); Ojeda-Terrazas, 290 F.3d at 295. Therefore, neither the April 1, 2002 removal order nor the May 13, 2003 reinstatement order premised upon it may be used to establish the element of prior deportation or removal from the United States for a 1326 criminal offense.; motion to suppress evidence of prior removals granted).