United States v. Jorge De La Mora-Cobian

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30187 Plaintiff-Appellee, D.C. No. v. 4:19-cr-06024-SMJ

JORGE DE LA MORA-COBIAN,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Eastern District of Washington Salvador Mendoza, Jr., District Judge, Presiding

Submitted November 8, 2021 * Seattle, Washington

Filed November 29, 2021

Before: Ronald M. Gould, Richard C. Tallman, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Tallman

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). UNITED STATES V. DE LA MORA-COBIAN

SUMMARY **

Criminal

The panel affirmed the district court’s order denying the defendant’s motion to dismiss his indictment for illegal reentry under 8 U.S.C. § 1326 on the basis that he was precluded from collaterally attacking the underlying order of removal.

The panel held under the statutory framework enacted by Congress that an alien who raises a claim for asylum during expedited removal proceedings is provided…