Legal Opinion

United States of America, Plaintiff-Appellee-Cross-Appellant v. Juan Mario Arrieta, Defendant-Appellant-Cross-Appellee

Court of Appeals for the Ninth Circuit

Decided September 25, 2000No. 99-50368, 99-50422PublishedCited by 151 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

Defendant Juan Mario Arrieta appeals his conviction for reentering the United States after being deported, in violation of 8 U.S.C. § 1326. Mr. Arrieta claims that the district court erred when it denied his motion to dismiss the indictment because his underlying deportation was invalid. We have jurisdiction pursuant to 28 U.S.C. § 1291 and REVERSE.

I. BACKGROUND

Mr. Arrieta first entered the United States in 1986 when his mother brought him here at the age of nine. Ten years later, in 1996, Mr. Arrieta was convicted in California of attempted forcible rape and sentenced…

2Cases cited13 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  3. Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. National Labor Relations Board v. Health Care & Retirement Corp. of AmericaSupreme Court of the United States · 1994
  5. Musibau Hassan v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1991

8 more not listed; retrieve them via the Exa API.

3Cited by151 opinions

  1. United States v. Juan Carlos Herrera-BlancoCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Isidro Ubaldo-FigueroaCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Pedro Velasco-MedinaCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. Juan Manuel Muro-InclanCourt of Appeals for the Ninth Circuit · 2001

146 more not listed; retrieve them via the Exa API.

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