United States v. Rangel-Rodriguez

MATTHEW F. KENNELLY, District Judge:

*839Ismael Rangel-Rodriguez,1 a native of Mexico, was indicted on September 12, 2018 under 8 U.S.C. § 1326(a) for allegedly reentering the United States after he was previously found to be in the country illegally. Rangel has moved to dismiss the indictment on the basis that the underlying removal was legally defective under the Supreme Court's recent ruling in Pereira v. Sessions , --- U.S. ----, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018). He argues that, because of the defect, his prior removal cannot, as a matter of law, serve as an element of the present…