Legal Opinion
United States v. Joel Lopez-Ortiz
Court of Appeals for the Fifth Circuit
Decided November 18, 2002No. 01-21264PublishedCited by 114 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
The United States appeals the district court’s order suppressing Joel Lopez-Ortiz’s prior removal and dismissing the indictment against him for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). We hold that the hearing at which Lopez-Ortiz’s removal order was issued was not fundamentally unfair. Because, under 8 U.S.C. § 1326(d) and United States v. Mendoza-Lopez, 481 U.S. 828, 107 S.Ct. 2148, 95 L.Ed.2d 772 (1987), fundamental unfairness is necessary for collateral challenge of a removal order, we REVERSE and remand for trial.
I. BACKGROUND
Joel Lopez-Ortiz is…
2Cases cited19 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
14 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
- United States v. Richard Copeland, Also Known as Jamal OwenCourt of Appeals for the Second Circuit · 2004
- United States v. Ricardo Aguirre-TelloCourt of Appeals for the Tenth Circuit · 2004
- United States v. Lopez-VelasquezCourt of Appeals for the Ninth Circuit · 2010
- United States v. Riel CharleswellCourt of Appeals for the Third Circuit · 2006
109 more not listed; retrieve them via the Exa API.