United States v. Bastide-Hernandez (9th Cir. July 2022), EN BANC
Illegal Reentry, Ninth Circuit, Recent Circuit Cases|
Sitting en banc, the Ninth Circuit held that the district court erred in dismissing an indictment against a defendant who was charged with illegal reentry after removal. While the defendant’s initial immigration proceedings were initiated based on a defective Notice to Appear, the Court held that this did not deprive the immigration court of subject matter jurisdiction, despite the language of the law setting forth requirements for Notices to Appear, so the prior removal order was valid.