In Re United States of America. United States of America v. United States District Court for the Central District of California, Luis Chavez-Orozco, Real Party in Interest

316 F.3d 1071 In re UNITED STATES of America. United States of America, Petitioner, v. United States District Court for the Central District of California, Respondent, Luis Chavez-Orozco, Real Party in Interest. No. 02-71549. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 4, 2002. Filed January 21, 2003. Michael Raphael, Assistant United States Attorney, Los Angeles, California, for the petitioner. James Locklin, Assistant Federal Public Defender, Los Angeles, California, for the respondent and real party in interest. Petition for Writ of Mandamus. Before NOONAN, BERZON, and TALLMAN, Circuit Judges. OPINION NOONAN, Circuit Judge. 1 The United States petitions for a writ of mandamus reversing the United States District Court's orders (1) allowing the real party in interest, Luis Chavez-Orozco ("Chavez") to advance as a defense to a violation of 8 U.S.C. § 1326 , illegal reentry after deportation, that he is a United States national, and adopting Chavez's proposed jury instructions giving a definition of national, and (2) bifurcating the trial so that the Government may not prove Chavez's earlier deportations in a first proceeding where the jury is…