 In these cases, the defendant can move to have the indictment dismissed because the government's action has deprived him of his Sixth Amendment right “to have compulsory process for obtaining witnesses in his favor.” The executive, then, “must faithfully execute the immigration policy adopted by Congress, but it must also ensure that the criminal defendant receives the fundamental fairness inherent in due process.”

Valenzuela-Bernal, a citizen of Mexico, was arrested for transporting an illegal alien, Romero-Morales, in violation of section 1324(a)(2) of the Immigration and Nationality Act.This section “prohibits the knowing transportation of an alien illegally in the United States who last entered the country within three years prior to the date of the transportation.” Valenzuela-Bernal agreed to drive himself and five other passengers to Los Angeles.However, they were apprehended when they reached the checkpoint in Temecula.