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U.S. v. PEDROZA-ROCHA

No. 18-50828.

933 F.3d 490 (2019)

UNITED STATES of America, Plaintiff-Appellant v. Carlos PEDROZA-ROCHA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

REVISED August 29, 2019.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Elizabeth Berenguer , Assistant U.S. Attorneys, John Franklin Bash , U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellant.

Kristin Michelle Kimmelman , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, David J. Kimmelman , Federal Public Defender's Office, Western District of Texas, El Paso, TX, for Defendant-Appellee.

Alina Das , Immigrant Rights Clinic, Washington Square Legal Services, New York, NY, for Amici Curiae.

Before KING, ELROD, and ENGELHARDT, Circuit Judges.

The district court dismissed Carlos Pedroza-Rocha's indictment for illegal reentry following removal under 8 U.S.C. § 1326, finding that the immigration judge in the underlying removal proceeding lacked jurisdiction. While this appeal was pending, this court issued an opinion in an analogous immigration appeal that forecloses the arguments...

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