United States v. Jose Guadalupe Barraza-Leon

Barraza-Leon (Barraza) appeals from his conviction after a non-jury trial of violating 8 U.S.C. § 1326 by returning to the United States without receiving the Attorney General’s permission to reapply for admission after having been deported. We affirm.

I

In January of 1973, Barraza, an alien, pleaded guilty to a charge of violating 8 U.S.C. § 1325 for using a photo-altered permanent resident alien registration card. After serving the imposed sentence of imprisonment for 30 days, he and seven other aliens were found deportable in proceedings before the Immigration and Naturalization Service (INS) in El Centro, California.

Two days after being deported to Mexico, Barraza reentered the United States without receiving the consent of the Attorney General to reapply for admission as required by 8 U.S.C. § 1326 . He was arrest ed on July 20, 1976, in the City of Industry, California and charged with violating section 1326.

After a nonjury trial on stipulated facts, Barraza was convicted as charged. His defense was that his 1973 deportation proceeding was illegal because he was denied due process of law, and that consequently he had not been “deported” within the meaning of section…