United States v. Jaime Castellanos-Avalos

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30181 Plaintiff-Appellant, D.C. No. v. 2:19-cr-00135-RMP

JAIME CASTELLANOS-AVALOS,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, District Judge, Presiding

Argued and Submitted October 6, 2021 Seattle, Washington

Filed January 18, 2022

Before: RICHARD A. PAEZ, MILAN D. SMITH, JR., and JACQUELINE H. NGUYEN, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr. UNITED STATES V. CASTELLANOS-AVALOS

SUMMARY *

Criminal

The panel reversed the district court’s order granting Jaime Castellanos-Avalos’s motion to dismiss an indictment charging him with returning to the United States after having been ordered removed in violation of 8 U.S.C. § 1326.

Castellanos-Avalos moved to dismiss pursuant to 8 U.S.C. § 1326(d), arguing that his removal order was fundamentally unfair and that procedural defects in his removal proceedings justified setting it aside. The district court granted the motion, reasoning that the failure of…