United States v. Melendez-Castro, ___ F.3d ___ (9th Cir. Jan. 18, 2012) (reversing illegal reentry conviction where underlying removal order was invalid, because (1) the defendant as a respondent in removal proceedings was not meaningfully advised of his right to seek voluntary departure, in violation of the Due Process Clause of the Fifth Amendment; (2) the defendant's waiver of his right to appeal his removal order was not valid; and (3) the district court did not fully analyze the issue of prejudice, which must be shown for a successful collateral attack).
jurisdiction:
Ninth Circuit