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U.S. v. SILVESTRE-GREGORIO

No. 19-5801.

983 F.3d 848 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro SILVESTRE-GREGORIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2020.

Attorney(s) appearing for the Case

ARGUED: Erin P. Rust , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. William A Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. Stephen B. Kang , ACLU IMMIGRANTS' RIGHTS PROJECT, San Francisco, California, for Amici Curiae. ON BRIEF: Erin P. Rust , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. William A Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. Stephen B. Kang , Cody H. Wofsy , ACLU IMMIGRANTS' RIGHTS PROJECT, San Francisco, California, for Amici Curiae.

Before: BATCHELDER, LARSEN, and MURPHY, Circuit Judges.

OPINION

Pedro Silvestre-Gregorio challenges his conviction for unlawful reentry of a removed alien by bringing a collateral attack against his underlying removal order from nineteen years ago. Silvestre-Gregorio alleges that the government violated his due-process rights at his 2001 removal proceeding...

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