Bravo-Muzquiz

I.

Factual and Procedural Background

Bravo illegally entered the United States in 1985. In 1988, he applied for temporary resident alien status under a then- existing agricultural amnesty program, which status was granted and annually renewed for several years. In 1992, his application for continuation under the program was denied. His appeal of this decision was also denied in 1995. From that time forward, Bravo filed no other application to adjust his immigration status although he continued to live and work in the United States.

On October 27, 2001, Bravo was detained at the Temecula, California checkpoint after he appeared nervous and failed to make eye contact with the border inspector upon being ques- tioned about his immigration status. He was then referred to the secondary inspection area. At the secondary inspection area, Bravo produced an immigrant card that the inspector determined to be fraudulent. At that point, Bravo acknowl- edged that he was in the United States illegally. Upon further search of his wallet, the inspector also discovered an expired employment authorization card, an invalid social security card, and a “Basic Gun Safety Card,” issued by the State…