United States v. Juan Barajas-Guillen

Barajas-Guillen appeals his conviction for reentering the United States without permission of the Attorney General after being deported, in violation of 8 U.S.C. § 1326 (1976). We affirm.

I

On November 25, 1977, Barajas-Guillen, a Mexican national, appeared before an immigration judge in Chicago, Illinois, to show cause why he should not be deported for illegally entering the United States. During the hearing, Barajas-Guillen admitted that he had entered the United States without presenting himself for inspection and lawful admittance to an officer of the United States Immigration and Naturalization Service, see 8 U.S.C. § 1251 (a)(2) (1976), and further admitted his deportability. The immigration judge then asked Barajas-Guillen if he wished to apply for discretionary relief from deportation, through voluntary departure. The immigration judge explained that to be eligible for voluntary departure an alien must have sufficient funds to leave the United States immediately, and have been of good moral character for the previous five years. 8 U.S.C. § 1254 (e) (1976). Barajas-Guillen replied that he could not apply for discretionary relief because he had no money. He was…