United States v. Sergio Leija-Mendoza

Summary

The Fifth Circuit affirmed Sergio Leija-Mendoza’s conviction for illegal reentry following the government’s unopposed motion for summary affirmance. The court held that his arguments concerning the validity of his prior removal and exhaustion of administrative remedies were foreclosed by existing circuit precedent.

Holdings

1. The appeal was not moot because a criminal conviction continues to carry collateral consequences after the defendant's release from imprisonment.
2. Leija-Mendoza's arguments that his prior removal was invalid because the notice to appear omitted the hearing date and time, and that he could collaterally attack the removal without exhausting administrative remedies, were foreclosed by United States v. Pedroza-Rocha.
3. Summary affirmance was appropriate because the Government's position was clearly correct as a matter of law and the issues presented no substantial question as to the outcome.

Questions Presented

1. Whether Leija-Mendoza's appeal became moot after his release from prison.
2. Whether the alleged defect in the notice to appear rendered his prior removal invalid.
3. Whether Leija-Mendoza could collaterally attack the prior removal without exhausting administrative remedies.
4. Whether the Government was entitled to summary affirmance because the issues were foreclosed by binding Fifth Circuit precedent.

Disposition

affirmed