Legal Opinion

United States v. Marco Gonzalez-Valerio, AKA Marcos Valerio, AKA Marcos Gonzalez Valerio, AKA Marcos Gonzalez-Valerio

Court of Appeals for the Ninth Circuit

Decided September 8, 2003No. 02-50260PublishedCited by 77 opinions

1Opinion of the Court

OPINION

TASHIMA, Circuit Judge.

The United States appeals the district court’s dismissal of the indictment against Marco Gonzalez-Valerio (“Gonzalez”) for being found in the United States after a prior deportation, in violation of 8 U.S.C. § 1326. The district court found the underlying deportation order to be invalid because the immigration judge (“IJ”) violated Gonzalez’s right to due process by failing to tell him at the deportation hearing that he was eligible to apply for relief from deportation under former § 212(c) of the Immigration and Nationality Act (“INA”). We have jurisdiction…

2Cases cited15 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Lucio Ricardo Alvarez-Santos, AKA Luciano Ricardo Alvarez AKA Lucio Ricardo Alvarez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
  3. United States v. Pedro Velasco-MedinaCourt of Appeals for the Ninth Circuit · 2002
  4. United States of America, Plaintiff-Appellee-Cross-Appellant v. Juan Mario Arrieta, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. Juan Manuel Muro-InclanCourt of Appeals for the Ninth Circuit · 2001

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3Cited by77 opinions

  1. United States v. Isidro Ubaldo-FigueroaCourt of Appeals for the Ninth Circuit · 2004
  2. Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Isaac RamosCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. Reyes-BonillaCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. Venancio Rojas-PedrozaCourt of Appeals for the Ninth Circuit · 2013

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