Serna-Vargas

United States v. Serna-Vargas

Good Law
917 F. Supp. 711·1996 WL 99331·1996 U.S. Dist. LEXIS 2623
United States District Court, Central District of CaliforniaFebruary 21, 1996CR 95-1128 ERCalifornia1,321 words

Opinion

Opinion

Rafeedie, J.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION IN LIMINE TO PRESENT EVIDENCE OF “DE FACTO” CITIZENSHIP

Introduction

The Court read and considered the papers filed in support of and in opposition to Defendant Estrella Serna-Vargas’ Motion in Li-mine to Present Evidence of “De Facto” Citizenship, and considered oral argument of counsel. The Court DENIES the motion for the reasons that follow.

Background Facts

Defendant Estrella Serna-Vargas is charged with violating 8 U.S.C. § 1326 , an alien being found in the United States after having been deported previously for an aggravated felony. Serna-Vargas has allegedly been convicted of three felonies: burglary in 1988; possession of a controlled substance in 1989; and possession of a controlled substance in 1990. She has also allegedly been deported twice before in 1991 and 1992.

Discussion

Serna-Vargas seeks permission to present evidence of what she terms “de facto” citizenship as an affirmative defense to prosecution under § 1326. According to Serna-Vargas, this defense consists of the following elements: (1) involuntariness of initial residence; (2) continuous residency since childhood; (3) fluency in the English…

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