Legal Opinion
United States v. Tejada
Court of Appeals for the First Circuit
Decided June 27, 2001No. 00-1461, 00-1491PublishedCited by 13 opinions
1Opinion of the Court
COFFIN, Senior Circuit Judge.
Appellant Pedro Luis Tejada seeks dismissal of his. indictment for illegal reentry into the United States, see 8 U.S.C. § 1326(b)(2), on the ground that the government failed to bring him before a magistrate judge within 48 hours following his warrantless arrest, in violation of Federal Rule of Criminal Procedure 5(a). 1 The district court concluded that Rule 5(a) was inapplicable to Tejada’s circumstances because he was arrested for an immigration-related “status offense” — and thus was civilly detained — rather than for a general crime whose elements do not…
2Cases cited6 opinions
- United States v. Ruben Cepeda-LunaCourt of Appeals for the Ninth Circuit · 1993
- United States v. Franklin De La Pena-Juarez, Also Known as Carlos Ottoniel De La Pena, United States of America v. Gamaliel Aguirre-TibraCourt of Appeals for the Fifth Circuit · 2000
- United States v. Fritz Noel, A.K.A. Noel FritzCourt of Appeals for the Eleventh Circuit · 2000
- United States v. EncarnacionCourt of Appeals for the First Circuit · 2001
- United States v. OkudaDistrict Court, D. Hawaii · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Winston DyerCourt of Appeals for the Third Circuit · 2003
- Aguilar v. U.S. Immigration & Customs Enforcement Chi. Field OfficeDistrict Court, E.D. Illinois · 2018
- United States v. Cesar Alejandro ContrerasCourt of Appeals for the Eighth Circuit · 2003
- Rivas v. MartinDistrict Court, N.D. Indiana · 2011
- Araujo v. United StatesDistrict Court, N.D. California · 2004
8 more not listed; retrieve them via the Exa API.