United States v. Arturo Lopez-Vasquez

I.

Arturo Lopez-Vasquez was deported May 3, 1991. On August 28, 1991, he attempted to enter the United States from Mexico through a border patrol checkpoint. He told border patrol agents he was a United States citizen but had no identification because his wallet had been stolen. Lopez-Vasquez consented to a search of his bag and agents found a card with the name “Arturo Vasquez.” A computer search under that name revealed an extensive criminal history and prior deportations, including the deportation of May 3. Lopez-Vasquez was arrested and indicted for reentry after deportation in violation of 8 U.S.C. § 1326 . In a pretrial motion, Lopez-Vasquez contended his May 3 deportation could not serve as the basis for a conviction under § 1326 because his waiver of his right to appeal the deportation order was not knowing and intelligent. The court denied the motion. Lopez-Vasquez entered a conditional plea of guilty, preserving his right to appeal the denial of his motion.

II.

A claim that a defect in a prior deportation order precludes reliance on the deportation in a prosecution for violation of 8 U.S.C. § 1326 presents “mixed questions of law and fact requiring us to exercise…