Cisneros-Resendiz
United States v. Cisneros-Resendiz
Opinion
Opinion
Ikuta, J.
Ricardo Cisneros-Resendiz (Cisneros) challenges his conviction for illegal reentry after removal, in violation of 8 U.S.C. § 1326 , on the ground that the removal order on which the conviction was based was invalid. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
I
Cisneros is a native and citizen of Mexico. He was brought to the United States by his parents at the age of ten and spent much of his youth in the San Diego area.
On January 5, 2006, Cisneros attempted to enter the United States at the San Ysidro port of entry, falsely claiming he was a U.S. citizen. Because a San Diego County warrant for Cisneros’s arrest was outstanding, the Department of Homeland Security (DHS) turned him over to state officials. Cisneros was subsequently convicted of possession of methamphetamine. After completing his state jail sentence, Cisneros was returned to DHS custody.
On February 17, 2006, DHS issued a Notice to Appear (NTA) alleging that Cisneros was inadmissible and subject to removal because he was an arriving alien who had applied for admission to the United States by an oral false claim to United States citizenship and had been convicted of a drug offense. On…