Legal Opinion

United States v. Barbosa

District Court, District of Columbia

Decided March 21, 2019No. Criminal Action No. 18-10118-PBSPublished

1Opinion of the CourtSaris, C.J.

*174INTRODUCTION

Defendant Adilson Barbosa moves to dismiss the indictment charging him with illegal reentry in violation of 8 U.S.C. § 1326. Relying on Pereira v. Sessions, --- U.S. ----, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018), he argues that his prior removal order was entered without jurisdiction because his Notice to Appear ("NTA"), the document served on an alien and filed with the immigration court that initiates removal proceedings, did not include the date and time of his removal hearing. After a hearing, the Court holds that Barbosa fails to satisfy the three requirements of 8 U.S.C. §…

2Cases cited32 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Pereira v. SessionsSupreme Court of the United States · 2018
  3. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  4. Serah Karingithi v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
  5. United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002

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