United States v. Romero-Caceres

T.S. Ellis, III, United States District Judge

Defendant, a native and citizen of Honduras, is charged in Indictment with one count of illegally re-entering the United States after having been previously removed and deported subsequent to a felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(1). Among the pre-trial motions filed by defendant is a motion to dismiss the Indictment on the ground that Pereira v. Sessions , --- U.S. ----, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018), compels the conclusion that the immigration court lacked jurisdiction to order defendant's prior removal.

For the…