United States v. Juan Castro-Cabrera

MEMORANDUM

Juan Bautista Castro-Cabrera (“Castro-Cabrera”) seeks review of the district court’s denial of his motion to dismiss his indictment, as well as review of the district court’s grant of the government’s related motion in limine. The standard of review is de novo. United States v. Caruto, 627 F.3d 759, 762 (9th Cir.2010) (district court’s denial of a motion to dismiss an indictment reviewed de novo); United States v. Schafer, 625 F.3d 629, 637 (9th Cir.2010) (district court’s decision to exclude evidence of a particular defense reviewed de novo).

A grand jury returned an indictment against Castro-Cabrera for being an alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . Castro-Cabrera filed a motion to dismiss the charge, arguing that he was a United States citizen because he was born out of wedlock to a U.S. citizen mother and thus qualified for derived citizenship. 8 U.S.C. § 1409 (c) (providing for United States citizenship if the person is born “out of wedlock” and if “the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States…