United States v. Arturo Ramirez-Salazar
2016 U.S. App. LEXIS 6718
| 5th Cir. | 2016Background
- Arturo Ramirez-Salazar, a Mexican national removed from the U.S. in 2000 after a 1996 Texas cocaine-distribution conviction, was the beneficiary of an I-130 petition filed by his wife on August 11, 2003.
- The I-130 form listed an Odessa, Texas address (the same as the petitioner’s) for Ramirez but left several questions blank, including whether the beneficiary was currently in the U.S., arrival status, and arrival/departure dates.
- An IBIS/NAILS inquiry in 2005 revealed Ramirez’s 2000 removal; the I-130 petition was denied in April 2008.
- Ramirez was arrested in October 2013 and indicted for illegal reentry under 8 U.S.C. § 1326(a); he moved to dismiss the indictment as time-barred by the five-year statute of limitations.
- The district court denied the motion, finding immigration authorities did not discover and note Ramirez’s physical presence in 2003; Ramirez pleaded guilty but reserved the right to appeal the denial.
Issues
| Issue | Ramirez's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Ramirez was "found" in the U.S. for §1326(a) when the I-130 was filed (triggering the 5-year statute) | The I-130 listed Ramirez’s Texas address; that put authorities on notice of his presence as of Aug 11, 2003, so the statute ran | The I-130 was incomplete/misleading, designed to be filled by a petitioner, and did not give immigration actual knowledge of physical presence | The court held the I-130 did not establish that authorities discovered and noted Ramirez’s physical presence in 2003; conviction not time-barred |
Key Cases Cited
- United States v. Corro-Balbuena, 187 F.3d 483 (5th Cir. 1999) (an offense under §1326 begins at illegal reentry and continues until the alien is "found")
- United States v. Santana-Castellano, 74 F.3d 593 (5th Cir. 1996) (an alien is "found" when authorities discover physical presence and can reasonably be attributed knowledge of illegality)
- United States v. Gunera, 479 F.3d 373 (5th Cir. 2007) (applicant-filed form listing current address plus a NAILS inquiry put INS on notice such that defendant was "found")