In United States v. Castellanos-Avalos, --- F.4th ---, No. 20-30181 (9th Cir. 2022), on the government's appeal, the Court reversed the district court’s order granting 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.
The Court concluded that the district judge erred because Castellanos-Avalos’s removal proceedings did not improperly deprive him of the opportunity for judicial review (§ 1326(d)(2)). To the contrary, Castellanos-Avalos sought judicial review, and received it. Thus, he could not meet the statutory requirements for dismissal under section 1326(d).
