Serna-Vargas
United States v. Serna-Vargas
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…