United States v. Carlos Lopez-Lopez

MEMORANDUM

Defendant Carlos Rogelio Lopez-Lopez (“Lopez”) was indicted on charges of attempted re-entry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b), and false claim to United States Citizenship, in violation of 18 U.S.C. § 911 . A jury found Lopez guilty on both counts. Lopez appeals his convictions and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. We address Lopez’s arguments in turn.

1. Lopez’s collateral attack under 8 U.S.C. § 1326 (d) on his prior order of removal fails because Lopez cannot establish that he had a “plausible ground for relief from [removal].” United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1050 (9th Cir. 2004) (internal quotation marks omitted).

Lopez cannot establish that he had a plausible ground for relief from removal because his 2008 conviction for “receipt of a stolen vehicle,” in violation of California Penal Code § 496d(a), was categorically an “aggravated felony” under 8 U.S.C. § 1101 (a)(43)(G). See Alvarez-Reynaga v. Holder, 596 F.3d 534, 536-37 (9th Cir. 2010) (holding that alien’s conviction for “receipt of a stolen vehicle,” in violation of California Penal Code § 496d(a), was categorically…