Friday, February 21, 2014

United States v. Garcia-Santana, No. 12-10471 (2-20-14)(Berzon with Alarcon and Zouhary, D.J.) 

This is a good immigration/1326 decision.  The 9th affirms the dismissal of a 1326 indictment because the prior removal order was inadequate.  The defendant was denied her right to seek discretionary review.  In so ruling, the 9th also holds that Nevada's conspiracy statute is broader than the federal statute.  The state does not require an overt act.  The 9th finds that the generic definition of "conspiracy" under 8 USC 1101 includes proof of an overt act in furtherance of the conspiracy.

Congrats to AFPD Lauren Gorman and R&W Dan Maloney of the Nevada FPD office (Reno).


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