Cortez-Ruiz

United States v. Cortez-Ruiz

Good Law
225 F. Supp. 3d 1093·2016 WL 7034057·2016 U.S. Dist. LEXIS 167789
United States District Court, Northern District of CaliforniaDecember 2, 2016Case No. 15-CR-00114-LHKCalifornia6,537 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING MOTION TO DISMISS INDICTMENT

Defendant Jorge Cortez-Ruiz (“Defendant”) filed a Motion to Dismiss Indictment Due to Unlawful Deportation on September 13, 2016. ECF No. 23 (“Mot.”). In the motion, Defendant seeks to dismiss his indictment for illegal reentry on the ground that the deportation on which the indictment for illegal reentry was based was invalid. On October 11, 2016, the Government filed an Opposition to Defendant’s motion. ECF No. 26. (“Opp.”). On October 21, 2016, Defendant filed a Reply to the Government’s Opposition. ECF No. 29 (“Reply”). On November 9, 2016, the Court held a hearing on Defendant’s motion and ordered supplemental briefing. The Government filed a supplemental brief on November 11, 2016. ECF No. 31. Defendant filed a response on November 15, 2016. ECF No. 32. The Government filed a Notice of Errata to its supplemental brief on November 15, 2016, ECF No. 33. The parties argued the motion further at the November 30, 2016 status conference.

For the reasons described below, Defendant’s motion to dismiss the indictment is GRANTED.

1. BACKGROUND

Defendant entered the United States from Mexico to join his parents in 1998, when he was eleven…

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