United States v. Reyes Emilio Ibarra

Reyes Emilio Ibarra appeals his conviction for violating 8 U.S.C. § 1326 (b)(1), illegal reentry into the United States after having been previously deported. On appeal, Ibarra contends that the district court erred in precluding him from introducing evidence on the issue of alienage; that the district court should have allowed him to collaterally attack the legality of his prior deportation before the jury; and, that a mistrial should be granted because of improper comments by the prosecution during closing argument. We find that none of these objections have merit and affirm the judgment of conviction.

I. DISCUSSION

The elements of the crime of illegally reentering the United States after prior deportation under 8 U.S.C. § 1326 include: “(1) the defendant is an alien; (2) he was arrested and deported or excluded and deported; and (3) thereafter, he improperly entered, or attempted to enter, the United States.” United States v. Meza-Soria, 935 F.2d 166, 168 (9th Cir.1991). We have also held that in order to convict a defendant for a violation of § 1326, the prior deportation must have been “lawful.” United States v. Gasca-Kraft, 522 F.2d 149, 152 (9th Cir.1975) (“the Government…