United States v. Gonzalez-Diaz, 630 F.3d 1239

Gonzalez-Diaz illegally entered the United States in April 2009 and remained unlawfully present through June 2009.
He obtained fraudulent identification with Phillip Baca and used Baca’s identity to work in Montana.
On June 2, 2009, he applied for a U.S. passport using Baca’s information and claimed U.S. citizenship.
On June 19, 2009, he went to Canada, where Canadian officers found insufficient status proofs and planned to let him leave.
Canadian authorities transported him to Carway and then Cardston for questioning; he remained in Canada overnight under custody.
On June 20, 2009, he was returned to the U.S. border, interviewed by U.S. agents, and arrested for being found in the United States following deportations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether being 'found in' US requires departure from the US to constitute the offense.	Gonzalez-Diaz argues he ended unlawful presence when he entered Canada and was under restraint upon reentry.	Gonzalez-Diaz asserts he remained in US until discovery and was not entering from a foreign country when found.	No; unlawful presence not extinguished by brief Canadian presence; he remained 'in' the US for §1326 purposes.
Whether the official restraint doctrine applies when the defendant tries to enter the US from Canada.	Gonzalez-Diaz contends restraint at border prevents being 'found in' the United States.	Because he did not gain legal entry into Canada, the restraint doctrine applies only to entry from a foreign country.	Official restraint doctrine does not apply here; Ambriz-Ambriz controls and declined its applicability.
Whether Ambriz-Ambriz governs this border-detention scenario and supports the conviction.	Ambriz-Ambriz shows a person not legally in Canada can still be found in the U.S. upon border encounter.	Distinction from Ambriz-Ambriz based on Canadian entry form and custody timing should negate 'found in' at border.	Ambriz-Ambriz governs; Gonzalez-Diaz remained not legally in Canada and was found in the U.S. at Piegan.

United States v. Ambriz-Ambriz, 586 F.3d 719 (9th Cir. 2009) (official restraint inapplicable when entry attempt fails to reach foreign soil; not legally in Canada)
United States v. Hernandez, 189 F.3d 785 (9th Cir. 1999) (definition of ‘found in’ and status after deportations)
United States v. Ayala, 35 F.3d 423 (9th Cir. 1994) (alien cannot be found in U.S. if departed before discovery; departure negates offense)
United States v. Ruiz-Lopez, 234 F.3d 445 (9th Cir. 2000) (mere physical presence on U.S. soil is insufficient; must be free from official restraint at time of discovery)
Leng May Ma v. Barber, 357 U.S. 185 (1958) (detention pending admissibility determination does not constitute entry)