United States v. Mendoza-lopez et al. (481 U.S. 828)
U.S. Supreme Court · decided May 26, 1987 · Supreme Court Database (Spaeth)
- Citation
- 481 U.S. 828 · 107 S. Ct. 2148
- Decided
- May 26, 1987
- Term
- October Term 1986
- Vote
- 5–4
- Majority author
- Justice Marshall
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Marshall delivered the opinion of the Court. In this case, we must determine whether an alien who is prosecuted under 8 U. S. C. § 1326 for illegal entry following deportation may assert in that criminal proceeding the invalidity of the underlying deportation order. I-H Respondents, Jose Mendoza-Lopez and Angel Landeros-Quinones, were arrested at separate locations in Lincoln, Nebraska, on October 23, 1984, by agents of the Immigration and Naturalization Service. On October 30, 1984, they were transported to Denver, Colorado, where a group deportation hearing was held for respondents along with 11 other persons, all of whom were, like respondents, Mexican nationals. After the hearing, respondents were ordered deported and were bused to El Paso, Texas. They were deported from El Paso on November 1,1984. Each received, at the time of his deportation, a copy of Form 1-294, which advised, in both Spanish and English, that a return to the United States without permission following deportation would constitute a felony. On December 12, 1984, both respondents were once again separately arrested in Lincoln, Nebraska. They were subsequently indicted by a grand jury in the District of Nebraska on charges of violating 8 U. S. C. §1326, which provides: “Any alien who— “(1) has been arrested and deported or excluded and deported, and thereafter “(2) enters, attempts to enter, or…
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