United States v. Arturo Lopez-Garcia

Garcia was adjudged a juvenile delinquent for entering the United States illegally in violation of 8 U.S.C. § 1325 .

We affirm.

FACTS

On September 24, 1981, United States Border Patrol agents boarded a northbound train at Oceanside, California and began questioning and removing certain passengers. An agent observed that the defendant “appeared very nervous and was sitting very rigid” in one of the cars. The agent asked the defendant’s citizenship in English and the defendant replied, in English with an accent, that he was a United States citizen born in San Diego. The agent then removed defendant from the train and questioned him at length as to his citizenship. Defendant repeated that he was a United States citizen born in San Diego. The agent remanded defendant to the custody of the senior agent in charge, Agent Burns. In response to Burns’ questions, defendant stated that he was a United States citizen born at Cabrillo Hospital in San Diego.

The agents then took defendant to a border patrol vehicle near the depot and informed him that they were going to do some checking and that he might be charged with alien smuggling. While the defendant was in the vehicle, an agent…