Martinez-Huertas

MEMORANDUM *

Jaime Martinez-Huertas challenges his conviction for reentry of a removed alien in violation of 8 U.S.C. § 1326 (a). He argues that the district court should have granted his motion to suppress evidence because a border patrol agent allegedly detained him without reasonable suspicion. We review this claim de novo, United States v. Meek, 366 F.3d 705, 711 (9th Cir.2004), and affirm the district court.

When the passenger train on which Martinez-Huertas was traveling stopped for refueling in Havre, Montana, he chose to stay aboard. During that stop, a border patrol agent boarded the train, approached Martinez-Huertas, and posed questions aimed at ascertaining his alienage. Martinez-Huertas answered the questions and was arrested for being an illegal alien. Although he had provided a false name, a fingerprint analysis at the border patrol station revealed Martinez-Huertas’s identity, and also that he was a deported alien with a criminal record.

Martinez-Huertas seeks to suppress the evidence of his identity, arguing that the border patrol agent egregiously violated his constitutional rights by questioning him about a crime without reasonable suspicion. We have clearly…