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U.S. v. CORTEZ

No. 19-4055.

930 F.3d 350 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Juan CORTEZ, a/k/a Jasinto Morales, Defendant-Appellant. Steven Abrams; Esmeralda Cabrera; Teofilo Chapa; Jeffrey S. Chase; George T. Chew; Matthew J. D'Angelo; Bruce J. Einhorn; Cecelia M. Espenoza; Noel Ferris; John F. Gossart, Jr.; Miriam Hayward; Rebecca Jamil; William P. Joyce; Carol King; Elizabeth A. Lamb; Margaret McManus; Charles Ernst Pazar; Laura Ramirez; John W. Richardson; Lory Diana Rosenberg; Susan Roy; Paul William Schmidt; Denise Noonan Slavin; Andrea H. Sloan; William Peter Van Wyke; Gustavo D. Villageliu; Polly A. Webber, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2019.

Amended: July 19, 2019.

Attorney(s) appearing for the Case

ARGUED: Erin Margaret Trodden , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Harrisonburg, Virginia, for Appellant. Laura Day Rottenborn , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: Juval O. Scott , Federal Public Defender, Roanoke, Virginia, Lisa M. Lorish , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant. Thomas T. Cullen , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Motz and Judge Agee joined.

Juan Cortez, a citizen of Mexico, was charged with illegally reentering the United States after having been removed years prior. Cortez conceded that he was unlawfully present, but argued that his initial removal order was invalid because of an alleged filing defect that deprived the immigration court of "jurisdiction...

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