Legal Opinion
United States v. Marquez-Urquidi
Court of Appeals for the Fifth Circuit
Decided December 2, 2003No. 02-50941UnpublishedCited by 1 opinion
1Opinion of the Court
PER CURIAM *
Cesar Marquez-Urquidi (Marquez) appeals the district court’s denial of his motion to dismiss the indictment against him which charged him with violating 8 U.S.C. § 1326(a). Marquez argues that his indictment was invalid because the underlying deportation order, which was based on his having been convicted of felony driving while intoxicated, is invalid under United States v. Chapa-Garza, 243 F.3d 921, 927 (5th Cir.2001).
To challenge the validity of an underlying deportation order, an alien must establish that: (1) the prior deportation hearing was fundamentally unfair; (2) the…
2Cases cited4 opinions
- United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
- United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002
- United States v. Lopez-VasquezCourt of Appeals for the Fifth Circuit · 2000
- Lopez-Ortiz v. United StatesSupreme Court of the United States · 2003
3Cited by1 opinion
- Marquez-Urquidi v. United StatesSupreme Court of the United States · 2004