United States v. Florencio Serna-Hernandez, 19-50021

Florencio Serna Hernandez was convicted of illegal entry and illegal re-entry under 8 U.S.C. §§ 1325 and 1326; he appealed to the Ninth Circuit.
In Jan 2018 Border Patrol agents apprehended him crossing the U.S.–Mexico border; he told an agent he was born in Michoacan, Mexico and lacked entry paperwork.
Before trial he stipulated that he had four times stated under oath he was "not a citizen of the United States."
Defense argued at trial that the government failed to prove alienage beyond a reasonable doubt because it did not produce a birth certificate; the prosecutor summarized evidence in rebuttal and the defense objected as improper vouching.
Serna Hernandez also moved to dismiss the illegal re-entry count under 8 U.S.C. § 1326(d)(3), arguing his 2009 removal hearing was fundamentally unfair (due-process defects: group advisals about voluntary departure and alleged failure to investigate relief eligibility).
The district court overruled the objections and denied the § 1326(d) dismissal; the Ninth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutorial vouching in closing argument	Prosecutor vouched by asserting as fact that Hernandez was born in Mexico and relied on personal knowledge	Government: prosecutor permissibly summarized evidence and drew reasonable inferences for the jury	No vouching error; prosecutor fairly argued reasonable inferences from the evidence
Due-process defects in 2009 removal hearing (motion to dismiss re-entry under § 1326(d)(3))	IJ failed to individually advise him about voluntary departure and failed to meaningfully investigate eligibility for relief, rendering the hearing fundamentally unfair	Government: group advisals are permissible; IJ asked about understanding and inquired about relief; no prejudice shown	No due process violation; denial of dismissal affirmed

United States v. McKoy, 771 F.2d 1207 (9th Cir. 1985) (prosecutor may not vouch or assert personal knowledge of evidence)
United States v. Molina, 934 F.2d 1440 (9th Cir. 1991) (prosecution may argue reasonable inferences from the evidence)
United States v. Redlightning, 624 F.3d 1090 (9th Cir. 2010) (approves drawing inferences in argument)
United States v. Kojayan, 8 F.3d 1315 (9th Cir. 1993) (inviting the jury to make inferences is proper in summation)
United States v. Rojas-Pedroza, 716 F.3d 1253 (9th Cir. 2013) (standards for challenging prior removals under § 1326(d))
United States v. Barraza-Leon, 575 F.2d 218 (9th Cir. 1978) (group deportation hearings may satisfy due process)