Legal Opinion

United States v. Rene Mauricio Sosa

Court of Appeals for the Second Circuit

Decided October 21, 2004No. 03-1530PublishedCited by 51 opinions

1Opinion of the Court

WINTER, Circuit Judge.

Rene Sosa appeals from a conviction before Chief Judge Korman for illegal reentry into the United States after deportation. See 8 U.S.C. § 1326(a), (b)(2). The district court rejected Sosa’s collateral attack on the validity of his deportation order, holding that Sosa had failed to satisfy at least two requirements of Section 1326(d): exhaustion of administrative remedies and denial of the opportunity for judicial review. We hold that Sosa has satisfied these two requirements. We vacate his conviction and remand for findings on whether Sosa satisfied the third…

2Cases cited13 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  3. MARINBoard of Immigration Appeals · 1978
  4. Athanasios Theodoropoulos v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  5. United States v. Juan Manuel Muro-InclanCourt of Appeals for the Ninth Circuit · 2001

8 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Alexis Milton Edwards v. Immigration and Naturalization Service, Eva Trinidad Falconi v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  2. United States v. DeleonCourt of Appeals for the First Circuit · 2006
  3. United States v. Riel CharleswellCourt of Appeals for the Third Circuit · 2006
  4. United States v. Agustin Lopez-CollazoCourt of Appeals for the Fourth Circuit · 2016
  5. United States v. Jermi Francisco LopezCourt of Appeals for the Second Circuit · 2006

46 more not listed; retrieve them via the Exa API.

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