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U.S. v. HERNANDEZ-ARIAS

No. 12-50193.

745 F.3d 1275 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis HERNANDEZ-ARIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2014.

Attorney(s) appearing for the Case

Harini P. Raghupathi , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , Bruce R. Castetter , and Stephen P. Clark (argued), Office of the United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: SUSAN P. GRABER, JOHNNIE B. RAWLINSON, and PAUL J. WATFORD, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

Jose Luis Hernandez-Arias appeals the denial of his motion to dismiss the indictment charging him with attempted reentry after a prior removal in violation of 8 U.S.C. § 1326. He argues that the conviction was predicated on a removal order that was obtained in violation of his due process rights. Hernandez-Arias's challenge centers on whether a non-citizen can be removed as...

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