Legal Opinion
United States v. Rolando Cerda-Pena
Court of Appeals for the Ninth Circuit
Decided September 16, 1986No. 85-3118PublishedCited by 75 opinions
1Opinion of the Court
LYNCH, District Judge:
I. Introduction
Appellant, Rolando Cerda-Pena, has appealed his conviction for re-entering the United States in violation of 8 U.S.C. section 1326. Appellant contends that his pretrial motion to dismiss the indictment against him was improperly denied.
An alien may not be convicted under section 1326 for illegally re-entering *1376the United States unless he or she has previously been lawfully deported. United States v. Bejar-Matrecios, 618 F.2d 81, 82 (9th Cir.1980). Appellant was deported to Mexico on December 5, 1984. That deportation was the basis for the indictment…
2Cases cited9 opinions
- Nestor Rodrigo Rios-Berrios v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985
- Miguel Tejeda-Mata v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1980
- United States v. Eziquio Calderon-Medina, United States of America v. Evaristo Rangel-GonzalesCourt of Appeals for the Ninth Circuit · 1979
- United States v. Evaristo Rangel-GonzalesCourt of Appeals for the Ninth Circuit · 1980
- United States v. Ramon Gasca-KraftCourt of Appeals for the Ninth Circuit · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Gil Ilano Colmenar,petitioner v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Jan Acewicz v. U.S. Immigration and Naturalization Service, Henryk Brelyk v. U.S. Immigration and Naturalization Service, Albin Czyz v. U.S. Immigration and Naturalization Service, Tadeusz Nogacki v. U.S. Immigration and Naturalization Service, Andrzej Andrzelachaj v. U.S. Immigration and Naturalization Service, Stanislaw Rusiecki v. U.S. Immigration and Naturalization Service, Henryk Wroblewski v. U.S. Immigration and Naturalization Service, Pawel Woszewski v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1993
- Mario Antonio Portillo Baires v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988
- Leonardo CAMPOS-SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1999
- Shweta Kohli v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
70 more not listed; retrieve them via the Exa API.