United States v. Zamudio

Defendant appealed his conviction of violating 8 U.S.C. 1326, which prohibits a deported alien from being "found in" the United States after reentering without permission. The court held that the district court correctly concluded that defendant failed to meet his burden in collaterally attacking his underlying deportation proceeding where the district court reasoned that both of defendant's convictions (kidnapping in violation of California Penal Code 207(a) in 1994 and methamphetamine possession in 2000) rendered him removeable. Even if the IJ erred in failing to advise defendant of his ability to apply for relief from removal, defendant suffered no prejudice. The court held that defendant's "found in" offense under section 1326 was not complete when he reentered in 2001 because his presentation of an invalid green card as if it were valid did not place authorities on notice that his presence in the United States would be illegal. Therefore, the court rejected defendant's argument concerning a constructive knowledge jury instruction with regard to his statute of limitations theory. Accordingly, the court affirmed the conviction. View "United States v. Zamudio" on Justia Law