The court declined to dismiss the defendant’s indictment for illegally re-entering the United States under Pereira v. Sessions, 138 S. Ct. 2105 (2018). The defendant knowingly waived his right to challenge his removal order to the Board of Immigration Appeals. He had notice of his removal proceeding and attended it. Although he did not have a fair opportunity to obtain counsel, this deprivation caused no apparent prejudice because the defendant offers no evidence to suggest he would not have been deported otherwise.
Motion to dismiss indictment denied.