Legal Opinion
United States v. Hernandez-Avalos
Court of Appeals for the Fifth Circuit
Decided May 11, 2001No. 00-50186PublishedCited by 73 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Jorge Hernandez-Avalos (“Hernandez”) appeals his conviction for unlawfully reentering the United States after having been removed. See 8 U.S.C. § 1326. Hernandez contends that the unlawful reentry indictment should have been dismissed because the earlier removal proceeding was fundamentally unfair because he was incorrectly removed as an “aggravated felon.” He argues that the unfairness stems from the fact that although his conviction was a felony under Colorado law, it was not considered a felony under federal law. Because we do not agree that the removal…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- State Oil Co. v. KhanSupreme Court of the United States · 1997
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002
- Jesus Aaron Cazarez-Gutierrez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- United States v. Jesus Martin Caicedo-CueroCourt of Appeals for the Fifth Circuit · 2002
- United States v. CooperCourt of Appeals for the Fifth Circuit · 2001
68 more not listed; retrieve them via the Exa API.