Decision date: 2019-07-17

Holding that (1) non-citizen could not collaterally attack his prior removal order in subsequent illegal reentry criminal proceedings because the conditions prescribed by 8  U.S.C. § 1326(d) were not met; (2) the lack of date and time in the notice to appear (NTA) did not implicate immigration court’s adjudicatory authority; and (3) the date and time for subsequent removal hearing need not be included in NTA to initiate removal proceedings.

Publication Status: Published

Case judge: Agee, Harris, Motz

Decision: United States v. Cortez, 930 F.3d 350 (4th Cir. 2019)