United States v. Clemente Hernandez-Garcia

BACKGROUND

I. Border Patrol detains Hernandez-Garcia just north

of the southern border, and he is charged with illegal reentry after removal.

Clemente Hernandez-Garcia has racked up a long record of immigration violations and criminal convictions. Since first illegally entering the United States in 1994, Hernandez- Garcia has been removed seven times after being convicted of drug and firearm offenses, burglary, vehicle theft, and aggravated domestic violence. Most recently in 2019, he was removed to Mexico after being released from prison for his latest criminal conviction.

Hernandez-Garcia waited only ten days before unlawfully reentering the United States yet again. Late at night, he climbed over the border fence in a remote area 25 miles east of Tecate, California, the nearest port of entry in southeastern San Diego County. But a Marine Corps unit using a scope truck equipped with infrared night vision spotted him. The Marines alerted nearby Border Patrol agents that an individual was 10–15 feet north of the border fence near an area known as Mercado Rock.

Border Patrol Agent Allen-Limon responded to the alert and began searching the area. Shortly after the search began, a…