Legal Opinion

United States v. Gomez-Ramirez

District Court, District of Columbia

Decided March 19, 2019No. Criminal Action No. 18-10122-PBSPublished

1Opinion of the CourtSaris, C.J.

INTRODUCTION

Defendant Marvin Odiel Gomez-Ramirez moves to dismiss the indictment charging *229him with illegal reentry in violation of 8 U.S.C. § 1326. Relying on Pereira v. Sessions, --- U.S. ----, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018), he argues that his prior removal order was entered without jurisdiction because his Notice to Appear ("NTA"), the document served on an alien and filed with the immigration court that initiates removal proceedings, did not include the date and time of his removal hearing. After a hearing, the Court holds that Gomez-Ramirez fails to satisfy the three requirements…

2Cases cited30 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Pereira v. SessionsSupreme Court of the United States · 2018
  3. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  4. Serah Karingithi v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
  5. United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002

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