United States v. Cortez, No. 19-4055 (4th Cir. 2019)Annotate this Case
The Fourth Circuit affirmed the district court's ruling on defendant's motion to dismiss the indictment. The court held that the premise of defendant's argument -- – that the purported filing defect in his case deprived the immigration court of authority to enter a removal order, so that he may collaterally challenge that order in subsequent criminal proceedings -- was incorrect. Rather, there was no defect, because the applicable regulations did not require that the information identified by defendant, a date and time for a subsequent removal hearing, be included in the "notice to appear" that was filed with an immigration court to initiate the proceedings.
The court issued a subsequent related opinion or order on July 19, 2019.