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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Jose Vicente Lira-Ramirez, 2020 WL 1071033 (10th Cir. March 6, 2020) (KS):The Tenth affirms the denial of Mr. Lira-Ramirez?s motion to dismiss. He was indicted on a charge of illegally reentering in violation of 8 U.S.C. § 1326(a) and tried to make a jurisdictional challenge, arguing that the notice to appear in his prior removal did not state the date and time of his removal proceeding. The defective notice to appear, he argued, meant that the immigration judge at the prior removal proceeding lacked jurisdiction to enter the removal order. The panel says that they have precedent that forecloses this argument (Lopez-Munoz v. Barr, 941 F.3d 1013 + Martinez-Perez v. Barr 2020 WL 253553). In those cases, the Tenth decided that even if the notice to appear was defective, it didn?t matter?an alleged defect in the notice to appear is not jurisdictional...continue to full post

Full post as published by Tenth Circuit Blog on June 16, 2020 (boomark / email).