United States v. Rivera-Nevarez

MURPHY, Circuit Judge.

I. INTRODUCTION

Claro Rivera-Nevarez was charged in United States District Court for the District of Kansas with illegal reentry into the United States after removal, in violation of 8 U.S.C. § 1326(a) and (b)(1). Rivera-Nevarez moved to dismiss the indictment on the ground that subsequent Board of Immigration Appeals (“BIA”) and Tenth Circuit precedent rendered invalid the 1999 removal order on which the illegal reentry charge was based. The district court denied the motion, and Rivera-Neva-rez then pleaded guilty with a reservation of his right to appeal. This court has…