DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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152153P.pdf 05/02/2016 United States v. Yan Naing
U.S. Court of Appeals Case No: 15-2153
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Arnold, Author, with Loken and Benton, Circuit Judges]
Criminal Case - deportation. Naing challenges his conviction for failing
to depart, claiming he was not subject to a valid final order of removal
because of due process errors in the deportation proceedings. Upon de novo
review of the due process challenges, no fundamental unfairness was
present, as the immigration judge advised Naing of his right to counsel,
provided information for obtaining an attorney at his first hearing, and
was justified in assuming he otherwise waived his right to representation
when he appeared at the second hearing without an attorney; Naing was not
prejudiced by any failure to advise him of his right to judicial review;
and Naing did not show how the result would have different had he received
a translated copy of a human rights report. District court did not err in
precluding Naing from raising a coercion defense because the evidentiary
predicate for such a defense was lacking.