183363P.pdf   06/25/2020  United States  v.  Jesus Ramirez
   U.S. Court of Appeals Case No:  18-3363
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Kobes, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in denying 
   defendant's motion to dismiss his indictment for illegal reentry after 
   removal; the motion was based on a collateral attack on his 2008 removal 
   and a claim that failure to provide him a Spanish interpretation of his 
   Notice of Intent deprived him of the ability to challenge the government's 
   decision to classify him as an aggravated felon, thereby depriving him of 
   the opportunity to seek voluntary departure; the district court did not 
   err in concluding that defendant had failed to show prejudice under 8 
   U.S.C. Section 1326(d)(3); considering defendant's serious and recent 
   felony convictions and the lack of a sufficient compelling 
   counter-balancing factor at the time, the court concludes it is not 
   reasonably likely that he would have received pre-conclusion voluntary 
   departure from the agency.