Legal Opinion
United States v. Juan Vidal-Mendoza
Court of Appeals for the Ninth Circuit
Decided January 15, 2013No. 11-30127PublishedCited by 50 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
The government appeals from the dismissal of an indictment charging Juan Carlos Vidal-Mendoza with illegal reentry after removal. 8 U.S.C. § 1326(a). We conclude that Vidal-Mendoza’s underlying removal proceeding was consistent with due process because he was correctly informed that he was ineligible for discretionary relief from removal under the applicable law at the time of his removal hearing. Therefore, we reverse the dismissal of the indictment against Vidal-Mendoza and remand for further proceedings.
I
Vidal-Mendoza is a citizen of Mexico who came to the…
2Cases cited25 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
- Daniel Magana-Pizano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
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3Cited by50 opinions
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- United States v. Venancio Rojas-PedrozaCourt of Appeals for the Ninth Circuit · 2013
- United States v. Victor Raya-VacaCourt of Appeals for the Ninth Circuit · 2014
- United States v. Faustino GomezCourt of Appeals for the Ninth Circuit · 2014
- United States v. Aguilera-RiosCourt of Appeals for the Ninth Circuit · 2014
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