United States v. Joe Hernandez-Arias

OPINION

RAWLINSON, Circuit Judge:

Jose Luis Hernandez-Arias appeals the denial of his motion to dismiss the indictment charging him with attempted reentry *1278after a prior removal in violation of 8 U.S.C. § 1326. He argues that the conviction was predicated on a removal order that was obtained in violation of his due process rights. Hernandez-Arias’s challenge centers on whether a non-citizen can be removed as an alien found in the United States without having been “admitted or paroled” where the alien adjusted to temporary resident status, but that status was later terminated. We conclude that…