U.S. Court of Appeals for the Sixth Circuit, 2019

United States v. Ricardo Veloz-Alonzo

United States v. Ricardo Veloz-Alonzo
U.S. Court of Appeals for the Sixth Circuit · Decided March 29, 2019

United States v. Ricardo Veloz-Alonzo

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 19a0158n.06 No. 18-3940 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 29, 2019 UNITED STATES OF AMERICA, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE RICARDO VELOZ-ALONZO, ) NORTHERN DISTRICT OF ) OHIO Defendant-Appellant. )

BEFORE: BOGGS, GIBBONS, and BUSH, Circuit Judges.

BOGGS, Circuit Judge. Ricardo Veloz-Alonzo pled guilty to reentering the United States without permission after being deported. See 8 U.S.C. § 1326(a). After he entered his plea, the Supreme Court decided Pereira v. Sessions, 138 S. Ct. 2105 (2018). In due course, the district court entered a judgment of conviction. Veloz-Alonzo argues that in light of Pereira, he is innocent of illegal reentry as a matter of law, so his conviction must be reversed. In his view, because the Notice to Appear that initiated his 2002 removal proceeding omitted a hearing date and time, jurisdiction never vested in the immigration court, and his removal order is invalid.

After briefing in this case concluded, we rejected Veloz-Alonzo’s argument in Santos- Santos v. Barr, 917 F.3d 486 (6th Cir. 2019). Santos-Santos holds that “[n]o references [in the Notice to Appear] to the time and place of the hearing are required to vest jurisdiction” in the immigration court. Id. at 490.

Accordingly, we AFFIRM the judgment of conviction.

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