United States v. Vargas-Molina

JUDITH E. LEVY, United States District Judge

Defendant Leopoldo Vargas-Molina was indicted for unlawful reentry under 8 U.S.C. § 1326(a). He filed two motions to dismiss the indictment, both of which go to the validity of his underlying removal order from 2011. Vargas-Molina relies upon § 1326(d) to collaterally attack that order. And in his second, he argues that the Immigration Judge ("IJ") lacked jurisdiction to conduct the removal hearing, rendering the order of removal void ab initio . For the reasons set forth below, Vargas-Molina's 2011 removal order is invalid. His first motion to…