United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), is a United States Supreme Court case that determined the constitutionality of deporting aliens who might give testimony in criminal alien smuggling prosecutions. Because deporting alien witnesses might take away a testimony that would be both “material and favorable” to the defendant, it gives rise to a potential motion from the defense to dismiss the indictment under the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fifth Amendment. The Supreme Court held that because the defendant failed to make a “plausible suggestion that the deported aliens possessed any material evidence that was not merely cumulative of other evidence,” the District Court properly denied the respondent's motion to dismiss the indictment. Background History of the Compulsory Process Clause When the Bill of Rights was created, the Compulsory Process Clause of the Sixth Amendment was included to ensure that defendants in criminal cases have access to a fair trial. In order to receive a fair trial, the defendant has the right to present witnesses or evidence that would be beneficial to his case. The first time the scope of the Compulsory Processes Clause was addressed was in 1807 by Chief Justice John Marshall in the case of United States v. Burr (C.C.D. Va. 1807). Aaron Burr, accused of treason, attempted to use a letter written to President Thomas Jefferson. The letter written by General James Wilkinson, was to be used to prevent a prosecution witness from being able to testify. Marshall warned that the right given by the compulsory process clause must be protected by the courts. It was not addressed again until the Supreme Court's decision in Washington v. Texas. In Washington, four key elements of a defendant's guarantee of compulsory process were established. The defendant has a right to insist on witnesses who are capable to give testimony that is relevant, material, and favorable to the defense. This decision required the courts to acknowledge the right of the accused to present a defense. The Clause was next examined by the Ninth Circuit in United States v. Mendez-Rodriguez (9th Cir. 1971). There, the defendant was indicted for transporting seven illegal aliens in violation of Section 1324(a)(2) of the Immigration and Nationality Act. The Federal government detained three of the Mexicans and deported the remaining four, a decision made by the United States Attorney's office, prior to the