Legal Opinion
United States v. Lino Lorenzo De La Cruz-Sepulveda
Court of Appeals for the Fifth Circuit
Decided September 21, 1981No. 80-2028PublishedCited by 10 opinions
1Opinion of the Court
TATE, Circuit Judge:
The defendant, Lino Lorenzo De La Cruz-Sepulveda, appeals from his conviction for being unlawfully in the United States after having been deported, Section 276 of the Immigration and Nationality Act, 8 U.S.C. § 1326. On appeal, De La Cruz contends, inter alia, that the district court erred in denying De La Cruz’s motion to dismiss, because the original deportation order was improperly based upon a criminal conviction that was not final. We find that, in a prosecution of an alien for unlawful reentry, he cannot collaterally attack the facts underlying the original…
2Cases cited14 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- United States v. Eziquio Calderon-Medina, United States of America v. Evaristo Rangel-GonzalesCourt of Appeals for the Ninth Circuit · 1979
- Arturo Ascencio Mendez v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1977
- United States v. SpectorSupreme Court of the United States · 1952
- United States v. Ramon Gasca-KraftCourt of Appeals for the Ninth Circuit · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Carlos Amilcar Umanzor Umanzor v. David H. Lambert, District Director, U.S. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1986
- United States v. Oscar Leonardo HernandezCourt of Appeals for the Tenth Circuit · 1982
- Carlos MARCELLO, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
- United States v. Esteban Zaleta-SosaCourt of Appeals for the Fifth Circuit · 1988
- United States v. Salvatore PetrellaCourt of Appeals for the Second Circuit · 1983
5 more not listed; retrieve them via the Exa API.