United States v. Irvin Sandoval-Orellana

Irvin Sandoval-Orellana appeals his conviction of attempted entry after deporta tion in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I.

Sandoval-Orellana was born in Guatemala in 1979 and was admitted to the United States on or about August 28, 1992, as a lawful permanent resident. In August 2003, he was convicted of “sexual penetration by foreign object” in violation of California Penal Code (“PC”) § 289(a)(1), for which he was sentenced to three years in custody.

On April 27, 2010, Sandoval-Orellana was served with a notice to appear, and on May 24, 2010, was placed in deportation proceedings. The immigration judge (“IJ”) found him removable under Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (“INA”), which states that “[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. § 1227 (a)(2)(A)(iii). Sandoval-Orellana requested voluntary departure, but the IJ found him ineligible because he was an aggravated felon. Sandoval-Orellana was removed from the United States to Guatemala on or about June 15, 2010.

On December 31, 2010, Sandoval-Orella-na applied for…