United States Ninth Circuit

Defendant's conviction for attempted reentry after a prior removal is affirmed, where: 1) although defendant contended that the prior removal order was obtained in violation of his due process rights, the termination of defendant's temporary status operated to revoke any "admission" resulting from the prior adjustment of status, rendering the defendant unadmitted and removable; and thus; 2) defendant's removal order was not fundamentally unfair, so the district court did not err in denying defendant's motion to dismiss the indictment. (Amended opinion)

Appellate Information

• Decided 08/05/2014
• Published 08/05/2014

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel