Legal Opinion

United States v. Francisco Martinez

Court of Appeals for the Ninth Circuit

Decided May 28, 2015No. 12-30185PublishedCited by 21 opinions

1Opinion of the Court

OPINION

RAWLINSON, Circuit Judge:

Appellant Francisco Salgado Martinez (Martinez) challenges the district court’s denial of his motion to dismiss an indictment alleging that he was found in the United States subsequent to an order of removal in violation of 8 U.S.C. § 1326. Martinez asserts that the underlying removal order was invalid because his conviction for third-degree child molestation in violation of Wash. Rev.Code § 9A.44.089 (2001) was not an aggravated felony. Because recent developments in the law support Martinez’s claim, we reverse the district court’s denial of Martinez’s motion…

2Cases cited12 opinions

  1. Descamps v. United StatesSupreme Court of the United States · 2013
  2. Estrada-Espinoza v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. Medina-VillaCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. Faustino GomezCourt of Appeals for the Ninth Circuit · 2014

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States v. Gonzalo Vasquez-GonzalezCourt of Appeals for the Ninth Circuit · 2018
  2. United States v. Antonio Garcia-LopezCourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Castillo-MartinezCourt of Appeals for the First Circuit · 2021
  4. United States v. Ricardo Guizar-RodriguezCourt of Appeals for the Ninth Circuit · 2018
  5. Acevedo v. BarrCourt of Appeals for the Second Circuit · 2019

16 more not listed; retrieve them via the Exa API.

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