This case is destined for laughing. Defendant unlawfully entered the U.S. in 2016 and convicted of unlawful entry. He had previously been ordered removed in 2008 based on a prior conviction of domestic battery in an in absentia proceeding. Defendant was again removed in 2011 in an expedited proceeding.
According to the 9th Circuit panel these proceedings were unlawful because defendant was not informed of the right to appeal and the right to challenge previous proceedings. He lost these rights because he didn’t show up at the hearings.
That decision warrants cert.