United States Ninth Circuit

Court affirmed the denial of plaintiff's motion to dismiss on grounds of 1) failure to allege "voluntary entry"; 2) failure to allege inspection and admission by an immigration officer; 3) failure to allege the mens rea element of the charged offense; 4) improper grand jury instructions; and 5) failure to appoint defendant counsel at his deportation proceedings.

Appellate Information

• Argued 06/09/2004
• Decided 07/15/2004
• Published 07/15/2004

Judges

• T.G. NELSON, Circuit Judge:, Before T.G. NELSON, TASHIMA, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven Barth, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Joseph H. Huynh, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.