United States v. Carmen, 697 F.3d 964 (9th Cir. Sept. 14, 2012) (reversing conviction for bringing in illegal aliens without presentation, in violation of 8 U.S.C. 1324(a)(2)(B)(iii), where prosecution violated defendant's opportunity to present a defense by deporting a witness it knew could give exculpatory evidence; the defendant satisfied the two-part test to evaluate whether the deportation amounts to a constitutional violation, as he has shown that the government acted in bad faith and that the deportation of the witness prejudiced his case; and because a jury could have been swayed by the deported alien's eyewitness account, the constitutional errors were not harmless beyond a reasonable doubt).