United States v. Jorge Castellanos-Machorro, United States of America v. Rosa Castellanos-Cota

Jorge Castellanos-Machorro (Jorge) and his wife, Rosa Castellanos-Cota (Rosa), appeal from their convictions for transporting, concealing, and conspiracy to transport and conceal aliens illegally within the United States. Their sole contention on appeal is that they were denied due process of law because the Government released certain aliens and returned them to Mexico before appellants were able to interview these aliens. They rely upon this court’s decision in United States v. Mendez-Rodriguez, 450 F.2d 1 (9th Cir. 1971). We affirm.

Appellants were the managers of the Flamingo Motel in San Ysidro, California, near the Mexican border. They were indicted, along with four others, in an eleven-count indictment. The first count charged that they conspired to violate 8 U.S.C. section 1324 by encouraging and facilitating the entry into the United States of aliens not lawfully entitled to enter. The remaining ten counts related to the concealment and transportation of five named aliens. As to each of these five aliens, the indictment charged appellants with one count of violation of 8 U.S.C. section 1324 (a)(2) and another of violation of 8 U.S.C. section 1324 (a)(3). Citing…