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UNITED STATES v. BASTIDE-HERNANDEZ

No. 19-30006.

39 F.4th 1187 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Carlos BASTIDE-HERNANDEZ, aka Jesus Chavez-Gongoria, aka Domingo Chavez-Lopez, aka Francisco Soto Hernandez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2022.

Attorney(s) appearing for the Case

Scott A. C. Meisler (argued), Attorney; Lisa H. Miller , Deputy Assistant Attorney General; Kenneth A. Polite Jr. , Assistant Attorney General; Patrick J. Glen , Senior Litigation Counsel; John W. Blakeley , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; Vanessa R. Waldref , United States Attorney; Richard C. Burson , Assistant United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellant.

Paul E. Shelton Jr. (argued), Federal Defenders of Eastern Washington, Yakima, Washington, for Defendant-Appellee.

Richard W. Mark , Amer S. Ahmed , Alexandra Perloff-Giles , and Cassarah M. Chu , Gibson Dunn & Crutcher LLP, New York, New York, for Amici Curiae Former Immigration Judges and Members of the Board of Immigration Appeals.

Partial Concurrence and Partial Dissent by Judge Collins

OPINION

The United States appeals from the district court's dismissal of an indictment charging Juan Carlos Bastide-Hernandez with illegal reentry after removal, in violation of 8 U.S.C. § 1326. According to the district court, defects in the notice to appear ("NTA")—which initiated the immigration proceedings...

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