Murrieta-Martinez

MEMORANDUM **

Salvador Murrieta-Martinez appeals the district court’s denial of his motion in limine to exclude certain documents from *593 his Alien File (“A-file”), and a 1998 letter to the Executive Office of Immigration Review requesting deportation, both of which the Government sought to introduce to satisfy the elements of 8 U.S.C. § 1326 . Murrieta-Martinez also appeals the district court’s ruling that the administrative removal procedure did not violate his due process rights.

A. The District Court’s Evidentiary Rulings

We review evidentiary decisions for an abuse of discretion. See United States v. Alvarez, 358 F.3d 1194, 1205 (9th Cir. 2004). See also United States v. Pang, 362 F.3d 1187, 1192 (9th Cir.2004).

Records, reports, statements, or data compilations of public offices or agencies are admissible if they set forth “the activities of the office or agency, or matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel.” Fed.R.Evid. 803(8). We have recognized that the law enforcement exception will not apply to…