United States v. Javier Garcia-Villegas

FACTS

On May 21, 2008, Sgt. Gomer, a video surveillance opera- tor working for the California Army National Guard, observed two individuals climbing down the north side of the primary border fence between Mexico and the United States. He notified Border Patrol Agent Andrew Kim of the activity. The two individuals moved towards the secondary fence, and one of them hooked a ladder onto the top of the fence and steadied the ladder. The second individual climbed the ladder, 10228 UNITED STATES v. GARCIA-VILLEGAS negotiated the concertina wire, and dropped to the north side of the secondary fence. He hid behind a bush near the fence. Within minutes, Agent Kim apprehended him. The man who’d helped him, probably a coyote, had already returned to Mexico.

Agent Kim asked the suspect his name, his parents’ names, his place of birth, and whether he had documents permitting him to be in the United States. The suspect identified himself as Javier Garcia-Villegas, a Mexican national without authori- zation to be in this country.

At the station, Border Patrol Agent Villarreal entered Gar- cia’s biographical information into a database, took his finger- prints, and informed him of his…