United States v. Rafael Aldana

878 F.3d 877
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 29, 2017
Docket16-50372, 16-50385
StatusPublished
Cited by14 cases

This text of 878 F.3d 877 (United States v. Rafael Aldana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rafael Aldana, 878 F.3d 877 (9th Cir. 2017).

Opinion

OPINION

IKUTA, Circuit Judge:

Rafael Aldana and Julio Cesar Suarez were each convicted of the misdemeanor offense of “attempting] to enter the United States at any time or place other than as designated by immigration officers,” in violation of 8 U.S.C. § 1325(a)(1). While not disputing that they entered the United States miles away from any established port of entry facility, Aldana and Suarez argue that because the applicable regulations designate entire geographic regions as ports of-entry, there was insufficient evidence that they had violated the statute. We conclude that a place “designated by immigration officers” for purposes of § 1325(a)(1) refers to a specific immigration facility, not an entire geographic area, and therefore affirm the district court.

I

On November 28, 2015, a border patrol surveillance agent observed Rafael Aldana climbing over, the fence separating the United States and Mexico. A secqnd agent found him hiding in the brush approximately 400 yards north of the border and two miles from the nearest port of entry facility at Otay Mesa, California. Aldana admitted to climbing over the fence and ■told the border patrol officer that he was a citizen of Mexico and had no documentation that would allow him to- enter the United States on a legal basis. Aldana was charged with the misdemeanor offense of “attempt[ing] to enter the United States at any time or place other than as designated by immigration officers/’ in violation of 8 U.S.C. § 1325(a)(1). 1

At a bench trial before a magistrate judge, Aldana moved for a judgment- of acquittal on the ground that the government failed to prove that he had entered at a place not designated by immigration officers. The magistrate judge rejected Alda-na’s argument and the district court affirmed. Aldana was sentenced to time served.

Julio Cesar Suarez has a similar story. On November 26, 2015, a border patrol officer discovered Suarez lying down among the tumbleweeds in an area located north of the' border fence and about two miles' east of the Otay Mesa port of entry facility. Suarez admitted that he was a citizen of Mexico and did not have any documents giving him a lawful basis for entering the United States. Like Aldana, Suarez was also charged with “attempting] to enter the United States at any time or place other than as designated by immigration officers,” in violation of 8 U.S.C. §. 1325(a)(1). At his bench trial, Suarez raised the same challenge to the sufficiency of .the evidence as Aldana had raised, which was similarly rejected. Suarez received a four-month sentence..

Aldana and Suarez both filed timely notices of appeal and subsequently moved to consolidate their cases. On appeal, appellants continue to argue that the government adduced insufficient evidence to prove that they had attempted to enter at a place other than as designated by immigration officers. According to appellants, a “place other than as designated by immigration officers” for purposes of § 1325(a)(1) means a place other than at one of the ports of entry listed in 8 C.'F.R. § 100.4(a). Section 100.4(a) of the Code of Federal Regulations states- that “the following places are hereby designated -as Ports-of-Entry for aliens arriving by any means of travel other than aircraft.” 8 C.F.R. § 100.4(a). Under “District No. 39—San Diego, California,” the regulation lists “Otay Mesa, CA.” Id. Appellants argue that “Otay Mesa” refers to the entire area in south San Diego, extending to the Mexico border, which is commonly referred to as Otay Mesa, rather than to the Otay Mesa Port of Entry facility. In support of this argument, appellants note that § 100.4(a) sometimes designates specific port facilities within some cities, 2 but in other cases lists only an entire city or geographic area. 3 Because immigration of-fícials knew how to designate particular facilities in § 100.4(a), appellants argue, when the officials mention a geographic area instead of a specific facility, we must conclude that they intended to designate the entire area as a port of entry. When, as here, the regulations designate an entire geographic area as a port of entry, appellants contend, an alien who entered that area at any point along the border does not violate § 1325(a)(1).

II

We review challenges to the sufficiency of evidence, including questions of statutory interpretation, de novo. United States v. Roach, 792 F.3d 1142, 1144 (9th Cir. 2015). “There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (quoting United States v. Duran, 189 F.3d 1071, 1078 (9th Cir. 1999)). Although Alda-na and Suarez are no longer in custody, the case is not moot because collateral consequences are presumed to stem from a criminal conviction. See United States v. Juvenile Male, 564 U.S. 932, 936, 131 S.Ct. 2860, 180 L.Ed.2d 811 (2011). The district court had jurisdiction under 18 U.S.C. § 3402. We have jurisdiction under 28 U.S.C. § 1291.

In order to convict a defendant of a violation of § 1325(a)(1), the government must prove beyond a reasonable doubt that the individual was an “alien who ... enter[ed] or attempted] to enter the United States at any time or place other than as designated by immigration officers.” 8 U.S.C. § 1325(a)(1). Neither the statute nor the regulations provide a definition of the phrase “place other than as designated by immigration officers.” Nevertheless, the meaning of this phrase can be discerned by reading it in its historical context.

A.

The Immigration and Nationality Act (INA) addresses how an alien may legally enter the country and establishes penalties for unauthorized entry, see 8. U.S.C. .§§ 1321-1330. Section 1325(a)(1) is one of the penalty provisions. The predecessor to this statute, originally enacted in 1917, prohibited unauthorized entry “by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens” by specified immigration officials. Immigration Act of 1917, Pub. L. No. 64-301, § 19, 39 Stat. 874, 889. 4 In 1929, Congress decided there was “[n]o good reason” for “perpetuating the distinction ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

April in Paris v. Becerra
E.D. California, 2023
United States v. Manuel Melgar-Diaz
2 F.4th 1263 (Ninth Circuit, 2021)
Catherine Torres v. William Barr
976 F.3d 918 (Ninth Circuit, 2020)
United States v. Sarah Cox
963 F.3d 915 (Ninth Circuit, 2020)
United States v. Oracio Corrales-Vazquez
931 F.3d 944 (Ninth Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
878 F.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rafael-aldana-ca9-2017.