United States v. Rosendo Valdivias-Soto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10415

Plaintiff-Appellant, D.C. No. 5:18-cr-00505- v. BLF-

ROSENDO VALDIVIAS-SOTO,

OPINION

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted March 28, 2023 San Francisco, California

Filed August 9, 2024

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and Edward R. Korman, * District Judge.

Opinion by Judge Korman; Dissent by Judge Ikuta

* The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. USA V. VALDIVIAS-SOTO

SUMMARY **

Criminal Law

The panel affirmed the district court’s judgment dismissing an indictment charging Rosendo Valdivias-Soto (“Valdivias”) with illegally reentering the United States after he had previously been removed. The district court granted Valdivias’s motion to dismiss the indictment on the ground that the removal order underlying the…