United States v. Fernando Frederick Wilson

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON joined. Judge DIANA GRIBBON MOTZ wrote an opinion concurring in the judgment.

OPINION

LUTTIG, Circuit Judge.

Fernando Frederick Wilson appeals his conviction under 8 U.S.C. §§ 1326(a) and (b)(2) for unlawful reentry of a deported alien. On appeal, he asserts that the district court erred by failing to grant his motion to dismiss. Wilson moved to dismiss on the ground that a defect in his original deportation proceedings, specifi*508cally the failure of the Board of Immigration Appeals (“BIA”) to consider…