defendant's indictment. Mendez-Rodriguez testified that he was innocent because he did not know that the passengers in his car were illegal aliens. The District Court convicted Mendez-Rodriguez. However, in 1971, the Ninth Circuit, applying principles of Washington v. Texas, reversed and held that the government's decision to deport the four illegal aliens before obtaining a testimony not only violated the defendant's due process guarantee, but his compulsory process rights as well. This decision provided the prevailing attitude for cases involving illegal alien witnesses in relation to the compulsory process clause until the Supreme Court's decision in United States v. Valenzuela-Bernal. The “essential elements” stated in US v. Mendez-Rodriguez were also summarized by the Court of Appeals’ opinion in United States v. Valenzuela-Bernal. Immigration law In cases involving transporting illegal aliens, the alien is considered a witness to the alleged crime. While the defendant may want the alien to be questioned by the defense counsel and called to testify at trial before being deported, Immigration services wants to return the foreigner to their country immediately without being questioned. 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.” Trial proceedings 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. The three illegal-aliens were taken into custody and questioned by border patrol agents and not the United States Attorney. The government believed that none of the aliens offered any evidence that would have been “material and favorable” to the defendant. Valenzuela-Bernal attempted to dismiss the indictment on the grounds that the deportation of the illegal alien witnesses violated his Fifth Amendment right to Due Process and his Sixth Amendment right to call witnesses in formation of his defense. However, his motion was