Legal Opinion
United States v. Niebla-Ayala
District Court, W.D. Texas
Decided December 5, 2018No. EP-18-CR-3067-KCPublishedCited by 3 opinions
1Opinion of the Court
KATHLEEN CARDONE, UNITED STATES DISTRICT JUDGE
On this day, the Court considered Defendant Francisco Javier Niebla-Ayala's ("Niebla") Motion to Dismiss the Indictment in the above-captioned case. ECF No. 21. For the reasons that follow, the Motion is GRANTED .
I. BACKGROUND
On October 17, 2018, the grand jury sitting in El Paso, Texas, returned a single-count Indictment charging Niebla with illegal reentry in violation of 8 U.S.C. § 1326. ECF No. 10. The government alleges that Niebla is a noncitizen who was found in this country without permission on September 24, 2018, and that he had…
2Cases cited43 opinions
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- Pereira v. SessionsSupreme Court of the United States · 2018
- City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
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3Cited by3 opinions
- United States v. BarbosaDistrict Court, District of Columbia · 2019
- United States v. Gomez-RamirezDistrict Court, District of Columbia · 2019
- United States v. Ramos-UriasDistrict Court, N.D. California · 2019