In United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), the defendant claimed that the deportation of two individuals who had been arrested with him violated his rights to due process and compulsory process because he was thereby deprived of an opportunity to interview the two individuals to determine if they could assist his defense. However, the defendant failed to indicate how these two men could assist him in establishing his innocence. Id. The United States Supreme Court held that in order to establish a violation of the Compulsory Process Clause of the Sixth Amendment or the Due Process Clause of the Fifth Amendment due to the absence of a defense witness, a defendant must make "some showing that the evidence lost would be both material and favorable to the defense." The Court noted that it was not expressing any opinion regarding the showing that a defendant "must make in order to obtain compulsory process for securing the attendance at his criminal trial of witnesses within the United States." Id. at 873, n 9. Nevertheless, the Court concluded that because the defendant made "no effort to explain what material, favorable evidence the deported passengers would have provided for his defense" the defendant "failed to establish a violation of the Fifth or Sixth Amendment." Id. at 874. The Supreme Court held that deportation of a witness mandates the imposition of sanctions against the prosecution, including possible dismissal of charges, "only if the criminal defendant makes a plausible showing that the testimony of the deported witness would have been material and favorable to his defense, in ways not merely cumulative to the testimony of available witnesses." (Valenzuela-Bernal, supra, 458 U.S. at p. 873.) "As in other cases concerning the loss of material evidence, sanctions will be warranted for deportation of alien witnesses only if there is a reasonable likelihood that the testimony could have affected the judgment of the trier of fact. " (Id. at pp. 873-874.) The Supreme Court wrote: "As in other cases concerning the loss of material evidence, sanctions will be warranted for deportation of alien witnesses only if there is a reasonable likelihood that the testimony could have affected the judgment of the trier of fact." 458 U.S. at 873-74. The Valenzuela-Bernal Court added: "Sanctions may be imposed on the Government for deporting witnesses only if the criminal defendant makes a plausible showing that the testimony of the deported witnesses would have been material and favorable to his defense, in ways not merely cumulative to the testimony of available witnesses." Id. at 873.