Latest Case: United States v. Gonzalez-Valencia (Criminal Law)

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United States v. Gonzalez-Valencia

Docket: 19-30222

Opinion Date: February 12, 2021

Judge: Bennett

Areas of Law: Criminal Law

The Ninth Circuit reversed the district court's dismissal of an indictment charging defendant of illegal reentry after removal in violation of 8 U.S.C. 1326. The panel applied the majority's holding in its recently published opinion in United States v. Bastide-Hernandez, —F.3d —, 2021 WL 345581 (9th Cir. 2021), which held that the jurisdiction of the immigration court vests upon the filing of the Notice to Appear (NTA), even one that does not at the time inform the alien of the time, date, and location of the hearing, and held that the district court erred in dismissing the indictment. The panel also held that defendant failed to show that he can satisfy the section 1326(d) requirements for collaterally attacking the underlying removal order based simply on the NTA's lack of date and time information, standing alone. Therefore, he is foreclosed from making that argument on remand. The panel explained that defendant may collaterally attack the underlying order on remand on other grounds, but only if he can meet all the requirements of section1326(d). Accordingly, the panel remanded for further proceedings.