Resendiz-Ponce

Facts and Procedural History

Resendiz-Ponce entered the United States illegally in 1988, and was ordered deported on March 12, 1997. He reentered the United States illegally in July, 2002. On August 28, 2002, he was convicted of kidnaping his common-law wife and sen- tenced to 45 days in county jail. On October 15, 2002, while still in county jail, he was questioned by an INS agent and admitted that he was an alien, that he was previously deported, and that he had not sought permission to re-enter from the Attorney General. He was deported later that same day.

In June 2003, Resendiz approached a port of entry at the U.S./Mexican border on foot. Resendiz presented photo iden- tification to the border agent, claiming to be a legal resident. This identification belonged to Antonio Resendiz, Juan’s cou- sin. Because Resendiz did not look like the tendered photo, the agent directed him to a secondary inspection area, where he was questioned. In due course, he was indicted for attempt- ing to reenter the United States in violation of 8 U.S.C. § 1326(a). The indictment reads as follows: UNITED STATES v. RESENDIZ-PONCE 13981 On or about June 1, 2003, JUAN RESENDIZ- PONCE, an…