United States v. Carlos Marguet-Pillado

BACKGROUND

Carlos Marguet was born in Tijuana, Mexico, on November 4, 1968, to Juana Pillado, a Mexican citizen, and an unknown biological father.1 Michael L. Marguet (Michael Marguet), a United States citizen, is not Carlos Marguet’s biological father and was not married to Carlos Marguet’s mother at the time that Carlos Marguet was born. However, Michael Mar- guet was named as his father on a Mexican birth certificate filed August 22, 1973, and has held out Carlos Marguet as his own son. In November of 1973, an “Application for Status as Permanent Resident” (the Application) was filed with the 1 Some of the facts mentioned in this background discussion are found in the record because they were presented to the district court at various hearings, but, as we will discuss later, those facts were not necessarily presented at trial. 3660 UNITED STATES v. MARGUET-PILLADO United States Immigration and Naturalization Service. It was technically filed by Carlos Marguet, but, in fact, because Car- los Marguet was a small child, it was actually prepared and signed by Michael Marguet. In an interview with a United States Immigration Examiner, Michael Marguet indicated that he…