United States v. Ramirez-Zapata — affirmed an illegal-reentry conviction despite a Rule 11 error

Case
United States of America v. Jose Guadalupe Ramirez-Zapata
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Davis; Jones; Richman
Date Decided
September 17, 2026
Docket No.
25-40816
Topics
Criminal Procedure; Guilty Pleas; Immigration Consequences; Plain Error
Source
Read the full opinion

Background

Jose Guadalupe Ramirez-Zapata pleaded guilty to illegal reentry after deportation in the U.S. District Court for the Southern District of Texas. During the plea proceeding, the district court failed to advise him of the plea’s immigration consequences as required by Federal Rule of Criminal Procedure 11(b)(1)(O).

On appeal, Ramirez-Zapata argued that the omission constituted plain error. He also contended that, because he did not receive the required warning, his plea was not knowing and voluntary and therefore violated due process.

The Court’s Holding

The Fifth Circuit affirmed the conviction. The government conceded, and the court agreed, that the district court’s failure to comply with Rule 11(b)(1)(O) was a clear or obvious error. But Ramirez-Zapata failed to show that the error affected his substantial rights, as required for relief under plain-error review.

The court also rejected the due-process claim. Because the Fifth Circuit has not held that failing to advise a defendant of a plea’s immigration consequences amounts to a due-process violation, Ramirez-Zapata could not establish that any constitutional error was clear or obvious.

Key Takeaways

  • A district court clearly errs by omitting the immigration-consequences warning required by Rule 11(b)(1)(O).
  • A clear Rule 11 error does not warrant reversal on plain-error review unless the defendant shows that it affected substantial rights.
  • In the Fifth Circuit, existing precedent does not make such an omission a clear or obvious due-process violation.

Why It Matters

The decision underscores that identifying a Rule 11 violation is only part of the plain-error inquiry. A defendant who did not preserve the issue must also demonstrate prejudice—here, that the omitted warning affected substantial rights.

The opinion also distinguishes the rule-based defect from the asserted constitutional violation: although the immigration warning was plainly required by Rule 11, Fifth Circuit precedent did not clearly establish that its omission rendered the plea unconstitutional.

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