In what circumstances will a federal judge order a remand to a federal district court to assess the fairness of deportation proceedings?

The record is not very complete as to such assertions, however, and the government noted below that if the district court intended to rule on the propriety of the appellant's deportation proceedings, it would introduce significant testimony on the subject. Under these circumstances, a remand to the district court to assess the fairness of the proceedings would appear appropriate. The district court can at the same time, if necessary, ascertain the circumstances surrounding the appellant's waiver of his right to appeal the outcome of his administrative determination. If the court finds that the waiver was not knowing or otherwise invalid, it must further determine whether there was prejudice. See United States v. Gonzalez-Mendoza, No. 92-50390 (9th Cir. Feb. 8, 1993), slip op. 1035.