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United States v. Roman

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 19, 2014
564 F. App'x 894 (9th Cir. 2014)

Opinion

No. 12-10421 D.C. No. 2:10-cr-00289-KJM-1

03-19-2014

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NICASIO ROMAN, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding


Argued and Submitted March 10, 2014

San Francisco, California

Before: FARRIS, REINHARDT, and TASHIMA, Circuit Judges.

Nicasio Roman appeals his conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. He challenges the district court's denial of his motion to dismiss his indictment based on alleged due process violations in his underlying removal proceeding. We have jurisdiction under 28 U.S.C. § 1291, and we review de novo. See United States v. Valdavinos-Torres, 704 F.3d 679, 685 (9th Cir. 2012). We affirm.

An alien mounting a collateral attack on the underlying removal order "must, as a threshold matter, show that he exhausted his administrative remedies." United States v. Valdavinos-Torres, 704 F.3d 679, 685 (9th Cir. 2012) (quoting United States v. Villavicencio-Burruel, 608 F.3d 556, 559 (9th Cir. 2010)); see also 8 U.S.C. § 1326(d)(1). Here, the record reflects that Roman appealed the underlying removal order to the Board of Immigration Appeals, but later dismissed his appeal. Thus, Roman failed to exhaust his administrative remedies.

AFFIRMED.


Summaries of

United States v. Roman

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 19, 2014
564 F. App'x 894 (9th Cir. 2014)
Case details for

United States v. Roman

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NICASIO ROMAN…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 19, 2014

Citations

564 F. App'x 894 (9th Cir. 2014)