Opinion
No. 19-10011
07-09-2021
UNITED STATES of America, Plaintiff-Appellant, v. Refugio PALOMAR-SANTIAGO, aka Refugio Santiago Palomar, Defendant-Appellee.
ORDER
The Supreme Court recently reversed the judgment in this case, and remanded it to this court for further proceedings. United States v. Palomar-Santiago , 593 U.S. ––––, 141 S.Ct. 1615, ––– L.Ed.2d –––– (2021).
We previously affirmed the district court's dismissal of the indictment alleging a violation of 8 U.S.C. § 1326, relying on this court's precedent excusing a defendant from proving all of the elements of § 1326(d) when "the crime underlying the original removal was improperly characterized as an aggravated felony." United States v. Palomar-Santiago , 813 F. App'x 282, 284 (9th Cir. 2020) (citing United States v. Ochoa , 861 F.3d 1010, 1015 (9th Cir. 2017) ). The Supreme Court held that "each of the statutory requirements of § 1326(d) is mandatory." 141 S.Ct. at 1622. We therefore VACATE the dismissal of the indictment and REMAND to the district court for further proceedings consistent with the Supreme Court's opinion.
The copy of this order shall act as and for the mandate of this court.