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UNITED STATES v. GAMBINO-RUIZ

Nos. 21-50303, 21-50305.

91 F.4th 981 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GAMBINO-RUIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2024.

Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Defenders of San Diego Inc, San Diego, California, for Defendant-Appellant.

Zachary J. Howe (argued), Lyndzie Marie Carter , and Meghan Heesch , Assistant United States Attorneys; Daniel E. Zipp , Assistant United States Attorney, Appellate Section Chief, Criminal Division; Randy S. Grossman , United States Attorney; United States Department of Justice, San Diego, California, for Plaintiff-Appellee.

Charles Roth, National Immigrant Justice Center, Chicago, Illinois, for Amici Curiae Asian Pacific Institute on Gender-Based Violence, Asista Immigration Assistance, National Coalition Against Domestic Violence, National Domestic Violence Hotline, National Immigrant Justice Center, and Tahirh Justice Center.

Concurrence by Judge Lee

OPINION

Defendant-Appellant José Gambino-Ruiz was convicted of illegal reentry under 8 U.S.C. § 1326. He raises two issues in this appeal. First, Gambino-Ruiz argues that the removal order that served as the basis for that charge—an expedited removal— was improper under the Immigration and...

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