United States v. Mendoza-Sanchez, No. 19-1091 (1st Cir. 2020)
Annotate this Case
The First Circuit affirmed the judgment of the district court denying Appellant's motion to withdraw his guilty plea to one count of reentry after deportation and to dismiss the indictment, holding that the immigration court did not lack jurisdiction.
In moving to withdraw his plea and dismiss the indictment, Appellant argued that the removal order underlying his conviction had been rendered null and void. Specifically, Appellant argued that because his notice to appear did not specify the date or time of the removal hearing the immigration court lacked jurisdiction to issue the removal order. The district court denied the motion, concluding that Appellant did not satisfy the prerequisites set forth in 8 U.S.C. 1326(d) for collaterally attacking the removal order. The First Circuit affirmed, holding that Goncalves Pontes v. Barr, 938 F.3d 1 (1st Cir. 2019) controlled, and Appellant's jurisdictional argument failed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.