Legal Opinion
United States v. Arroyo
District Court, W.D. Texas
Decided December 21, 2018No. EP-18-CR-02049-DCGPublishedCited by 6 opinions
1Opinion of the Court
DAVID C. GUADERRAMA, UNITED STATES DISTRICT JUDGE
Before the Court is Defendant Luis Roberto Arroyo's ("Defendant") "Motion to Dismiss" (ECF No. 26). Defendant, a citizen of Mexico, was indicated on one count of illegal reentry after removal in violation of 8 U.S.C. § 1326. Defendant moves to dismiss the Indictment on the ground that the prior removal order was invalid and void ab initio because the immigration judge that issued the order lacked "jurisdiction" to do so. That is, in turn, because, he says, the charging document in the removal proceeding was deficient as it omitted the date and…
2Cases cited52 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
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- Gonzalez v. ThalerSupreme Court of the United States · 2012
- United States v. CottonSupreme Court of the United States · 2002
- Stern v. MarshallSupreme Court of the United States · 2011
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3Cited by6 opinions
- United States v. Juan CortezCourt of Appeals for the Fourth Circuit · 2019
- Lopez-Munoz v. BarrCourt of Appeals for the Tenth Circuit · 2019
- Goncalves Pontes v. BarrCourt of Appeals for the First Circuit · 2019
- United States v. BarbosaDistrict Court, District of Columbia · 2019
- United States v. Gomez-RamirezDistrict Court, District of Columbia · 2019
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