United States v. Jaime Bejar-Matrecios

Jaime Bejar-Matrecios appeals his conviction for violating 8 U.S.C. § 1326 , illegal reentry into the United States after having been previously deported. Bejar challenges a number of rulings made by the district court at his jury trial. Finding two of Bejar’s objections to be meritorious, we reverse the judgment of conviction and remand for further proceedings.

I.

Bejar sought to cross-examine a government witness on whether Immigration Service regulations required that an arrested alien be advised of his right to speak with the' consul of the alien’s country. The district court sustained the Government’s objection to this line of questioning on the ground that it was “a matter of law which the court could instruct.” Bejar contends that this restriction on his right of cross-examination was error.

In order to convict a defendant for a violation of § 1326, the prior deportation must have been lawful. See United States v. Gasca-Kraft, 522 F.2d 149 (9th Cir. 1975). A violation of 8 C.F.R. 242.2(e), which requires that an arrested alien be advised of his right to speak with the consul of the alien’s country, is a ground for attacking the validity of the deportation of the…