Summary
The Fifth Circuit reversed the dismissal of an illegal reentry indictment under 8 U.S.C. § 1326, holding that a notice to appear (NTA) missing the date and time of the removal hearing was not defective because a subsequent notice of hearing cured any purported defect. Following *United States v. Pedroza-Rocha*, 933 F.3d 490 (5th Cir. 2019), the court found the alleged deficiency did not deprive the immigration court of jurisdiction and the defendant could not collaterally attack the removal order without first exhausting administrative remedies. The case was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court erred in dismissing the indictment on the ground that the notice to appear was defective for lacking a date and time.
Holdings
- The notice to appear was not deficient; the subsequent service of a notice of hearing that included the date and time cured any defect; the alleged deficiency did not deprive the immigration court of jurisdiction; and the defendant could not collaterally attack his removal order without first exhausting his administrative remedies. The district court's dismissal was error.
Key quotations
“The instant case is indistinguishable from Pedroza-Rocha.” (2)
“Accordingly, the Government's unopposed motion for summary disposition is GRANTED.” (2)
“The judgment of the district court is REVERSED, and the case is REMANDED for further proceedings.” (2)
Factual background
Parra-Murillo was charged with illegal reentry after deportation. The notice to appear that initiated his removal proceedings did not specify a date and time for the removal hearing. The district court dismissed the indictment, holding that the defective NTA rendered the removal order void. The government appealed.
Procedural history
The district court dismissed the indictment charging Parra-Murillo with illegal reentry under 8 U.S.C. § 1326, concluding that the notice to appear initiating removal proceedings was defective for failing to specify a date and time. The government appealed.
Remand instructions
The case is remanded for further proceedings.