United States of America v. ARMANDO HERNANDEZ-MORALES, AKA Alvaro Hernandez, AKA Armando Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARMANDO HERNANDEZ-MORALES,
AKA Alvaro Hernandez, AKA Armando
Hernandez,
Defendant - Appellant.
No. 13-10195
D.C. No. 2:12-cr-01343-DGC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Argued and Submitted June 11, 2014
San Francisco, California
Before: SCHROEDER, GRABER, and BYBEE, Circuit Judges.
Defendant Armando Hernandez-Morales appeals his conviction and
sentence under 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
JUN 16 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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The district court properly found that the 2007 predicate removal was valid
under § 1326(d) because Hernandez-Morales failed to show that he was deprived
of judicial review in 2007. The 2007 predicate removal was a reinstatement of the
2001 Administrative Order and did not rely in any way on the defective 2006
removal. As a result, Hernandez-Morales was not entitled to further review in 2007
unless he challenged the 2007 proceedings themselves or made a fear-of-
persecution claim in 2007.
DHS did not deprive Hernandez-Morales of the opportunity for judicial
review in 2007. DHS obtained the 2001 Administrative Order, confirmed that
Hernandez-Morales was the same alien who was previously removed, confirmed
that Hernandez-Morales unlawfully reentered the United States, and gave
Hernandez-Morales written notice of the determination that he was subject to
removal. See Ortiz-Alfaro v. Holder, 694 F.3d 955, 956 (9th Cir. 2012).
Hernandez-Morales then indicated that he did not wish to contest this
determination and signed an affidavit stating that he did not have any fear of
returning to Mexico. Because Hernandez-Morales has failed to show that he was
deprived of judicial review in the 2007 proceedings, he cannot collaterally attack
the 2007 predicate removal. 8 U.S.C. § 1326(d); see also United States v.
Gonzalez-Villalobos, 724 F.3d 1125, 1126 (9th Cir. 2013).
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AFFIRMED.
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