United States v. Garcia-Valadez

ERIC F. MELGREN, UNITED STATES DISTRICT JUDGE

The Indictment in this case charges Defendant Juan Garcia-Valadez with unlawful *950reentry in violation of 8 U.S.C. § 1326(a) and (b). Defendant seeks dismissal of the Indictment on the basis that his prior removal from the United States was invalid because the immigration court lacked subject matter jurisdiction to enter the underlying removal order. Because the Court concludes that Defendant's prior removal was valid, the Court denies Defendant's motion.

I. Factual and Procedural Background1

Defendant was arrested on September 8, 2008, pursuant to an…