Mendez-Argueta

MEMORANDUM **

Fernando Alberto Mendez-Argueta appeals from his conviction and sentence under 8 U.S.C. § 1253 (a)(1)(B) for willful failure or refusal to make a timely application in good faith for travel documents necessary to effectuate an order of deportation. There was sufficient evidence of alienage to justify the denial of a motion for a judgment of acquittal, but the District Court did commit reversible error by allowing the introduction of inadmissible hearsay.

The government was required to prove alienage as an element of this crime. See 8 U.S.C. § 1253 (a)(1). It therefore introduced several documents into evidence over Mendez-Argueta’s objections, including the Notice of Intent to Issue a Final Administrative Removal Order (“Notice of Intent”) and the Final Administrative Removal Order under Section 238(b) of the Immigration and Nationality Act (“Final Administrative Removal Order”). The Notice of Intent informed Mendez-Argue-ta of his amenability to “expedited administrative removal proceedings” under 8 U.S.C. § 1228 (b) as an alien convicted of an aggravated felony who was not a permanent resident of the United States. The Notice of Intent alleged that MendezArgueta…