United States v. Nahim Aguilar-Sanchez
Opinion
Opinion
MEMORANDUM
On March 10, 2010, Nahim Aguilar-Sanchez was indicted on one count of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . After he unsuccessfully moved to dismiss the indictment, he entered a conditional guilty plea and was sentenced principally to 84 months in prison. He now appeals on the ground that his prior deportation was invalid. See 8 U.S.C. § 1326 (d).
Aguilar-Sanchez was previously deported as an alien present in the United States without being admitted or paroled. See 8 U.S.C. § 1182 (a)(6)(A)(i). At a 1998 deportation hearing, the immigration judge asked Aguilar-Sanchez and three other aliens the following question: “Do any of you have the money to pay your way to pay voluntarily to Mexico? That would be about $225.” Aguilar-Sanchez responded, “No.” The IJ then found that Aguilar-Sanchez was not eligible for any relief from removal and issued an order of removal. Aguilar-Sanchez reentered the United States in 2007. In 2009, the government reinstated the 1998 deportation order and removed him to Mexico. He reentered again in January 2010, leading to the indictment at issue here.