Salazar-Lopez

I. Background

After being apprehended by the Border Patrol about two miles north of the U.S.-Mexico border on September 13, 2005, Manuel Salazar-Lopez was charged with one count of being a previously removed alien “found in” the United States in violation of 8 U.S.C. § 1326. The indictment did not allege that Salazar-Lopez had been previously removed subsequent to a felony conviction, nor did it allege a specific date for Salazar-Lopez’s prior removal.

At trial, the Government introduced four pieces of evidence to prove that Salazar-Lopez had been removed prior to this arrest: (1) an order of an immigration judge from 2002, order- ing that Salazar-Lopez be removed from the United States; (2) a warrant of removal from 2002, bearing Salazar-Lopez’s photograph, signature, and fingerprint; (3) a notice of rein- statement of the 2002 order; and (4) a warrant of removal dated December 8, 2004, also bearing Salazar-Lopez’s pic- ture, fingerprint, and signature. In addition, the signature of Immigration and Customs Enforcement Agent Lucas Leal was also on the 2004 warrant, which, according to Leal’s tes- timony, indicated that Leal had witnessed Salazar-Lopez’s departure back to…