United States v. Jildardo Rivera-Arriola

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jildardo RIVERA-ARRIOLA, Defendant-Appellant. No. 91-10087. United States Court of Appeals, Ninth Circuit. May 7, 1993. Before FLETCHER, WIGGINS and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Jildardo Rivera-Arriola challenges his conviction under 8 U.S.C. § 1326 (1988) for reentering the United States after being deported. He contends that the Supreme Court's decision in United States v. Mendoza-Lopez, 481 U.S. 828 (1987), bars his conviction because he was denied judicial review of his earlier deportation order. We have jurisdiction over his appeal pursuant to 28 U.S.C. § 1291 (1988). I. 3 The United States deported the appellant to Mexico on December 20, 1989. 1 On March 7, 1990, an Immigration and Naturalization (INS) agent found him in California. He was subsequently indicted for violating 8 U.S.C. § 1326 (1988), which provides that…