Benitez-Valenzuela

*724 MEMORANDUM *

Francisco Benitez-Valenzuela challenges his convictions for possession with intent to distribute methamphetamine and possession with intent to distribute marijuana, both in violation of 21 U.S.C. § 841 (a)(1). He argues that the district court should have granted his motion to suppress evidence because border patrol agents allegedly detained him without reasonable suspicion. We affirm the district court.

Although we review de novo whether the agents’ alleged encounter with BenitezValenzuela constituted an investigatory stop, we review the underlying factual determinations for clear error. United States v. Michael R., 90 F.3d 340, 345 (9th Cir.1996) (citing United States v. Kim, 25 F.3d 1426, 1430 (9th Cir.1994)).

Border patrol agents approached Benitez-Valenzuela and another individual in a bus depot. Agent Pawluk approached Benitez-Valenzuela and posed questions to him aimed at ascertaining his alienage (the other agent approached and questioned the other individual). Benitez-Valenzuela answered Agent Pawluk’s questions, and was arrested for being an illegal alien.

The district court found that BenitezValenzuela could have easily ignored Agent Pawluk’s…