United States v. Carlos Pedroza-Rocha

The district court dismissed Carlos Pedroza-Rocha's indictment for illegal reentry following removal under 8 U.S.C. § 1326 , finding that the immigration judge in the underlying removal proceeding lacked jurisdiction. While this appeal was pending, this court issued an opinion in an analogous immigration appeal that forecloses the arguments advanced by Pedroza-Rocha that were adopted by the district court below. For that reason, we REVERSE and REMAND.

I

Defendant-appellee Carlos Pedroza-Rocha, a citizen of Mexico without lawful status in the United States, entered the country on or about March…