United States v. Porras-Avila

Andrew S. Hanen, United States District Judge *708Juan Angel Porras-Avila ("Porras-Avila" or "Defendant") is charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326(a) and (b)(1). He seeks to have his indictment dismissed because the Notice to Appear ("NTA") in his underlying deportation did not specify an exact time and location at which to appear. Despite having attended the hearing in question, Porras-Avila claims that this omission voids not only his initial 2006 deportation, but all of his subsequent removals. Consequently, he claims this flaw in his underlying…