Cervantes-Gonzales
United States v. Cervantes-Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Juan Cervantes-Gonzales appeals his conviction and 100-month sentence for vio *279 lation of 8 U.S.C. § 1326 . 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 .
Cervantes-Gonzales is a twenty-nine-year-old native of Mexico who became a legal permanent resident of the United States in 1989. In March of 1998, Cervantes-Gonzales received a Notice to Appear stating that he was removable from the United States as a result of having been convicted in California Superior Court of Burglary of a Vehicle, in violation of California Penal Code section 459. On April 21, 1998, Cervantes-Gonzales was found to be deportable by an Immigration Judge (“IJ”) based on his section 459 conviction for second degree burglary. The IJ further found that Cervantes-Gonzales was not eligible for any relief from removal and ordered him deported. Cervantes-Gonzales waived his right to appeal the IJ’s order and was physically removed to Mexico.
On September 9, 2004, Cervantes-Gonzales was arrested by the Escondido, California police for misdemeanor possession of burglary tools in violation of California Penal Code section 466 and misdemeanor resisting arrest in violation of section 148(a).…