United States v. Baltazar Jimenez-Borja

ORDER AND AMENDED OPINION

ORDER

The Opinion filed on April 9, 2004, is amended. The attached amended Opinion shall be filed.

With the amendments, the panel has voted to deny both the petition for panel rehearing and the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are denied. The parties may not file further petitions for rehearing or rehearing en banc.

OPINION

We hold today that a previously-deported alien can be deemed to have been “found in” the United States when he was found by local police. He need not have been found by the INS.

I. FACTS

On August 25, 1998, Baltazar Jimenez-Borja admitted to an immigration judge that he was in the United States illegally, and was deported the same day. Three years later, Jimenez-Borja was again found in the United States. His prior deportation was reinstated and he was removed to Mexico on April 11, 2001.

Now the current charges: On October 5, 2001, Officer Russell Whittaker of the Escondido, California Police…