Case Explained: Summary Calendar United States of America Plaintiff— v. Victoriano Salmeron Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-24 The fifth-circuit reversed the district court’s dismissal of an indictment for illegal reentry and remanded with instructions to reinstate it. The court held that the defendant failed to satisfy the exhaustion requirement of 8 U.S.C. § 1326(d), which is a prerequisite for collaterally attacking a removal order in such prosecutions. Specifically, the court found that an administrative motion to reopen remained available to the defendant because he could have challenged the *in absentia* removal order based on insufficient notice at any time, regardless of his departure from the United States. Because this administrative remedy was not exhausted, the defendant could not proceed with a collateral attack, and the district court erred in dismissing the charges. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.