What is the test for dismissing an indictment for illegal reentry?

MultiRegion, United States of America

The following excerpt is from U.S.A v. Arias-ordonez, 597 F.3d 972 (9th Cir. 2010):

We review de novo a district court's ruling on a motion to dismiss an indictment for illegal reentry, where the defendant has asserted a denial of due process in the underlying removal. United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir.2004).

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