United States v. Luis Ruiz-Lopez
749 F.3d 1138
9th Cir.2014Background
- Ruiz-Lopez was convicted of illegal reentry under 8 U.S.C. § 1326(a) and (b).
- Trial evidence challenged alienage; district court denied Rule 29 motions for acquittal.
- DHS Agent Sauter interviewed Ruiz-Lopez in Solano County Jail (2002) and prepared Form I-213 per his routine pattern.
- Ruiz-Lopez’s A-file and associated forms (I-851, I-851A, I-294, I-205) were introduced at trial.
- Form I-213 and related documents were used to establish alienage; Ruiz-Lopez’s interview included admissions about birthplace, entry via smuggling, and parental citizenship.
- Jury convicted Ruiz-Lopez; post-trial Rule 29 motions were denied; appellate review is de novo on sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government proved alienage beyond a reasonable doubt. | Ruiz-Lopez argues deportation order alone suffices? no—insufficient. | Ruiz-Lopez contends only deportation order and I-213-derived docs are not enough. | Sufficient evidence supported alienage; conviction affirmed. |
Key Cases Cited
- United States v. Ortiz-Lopez, 24 F.3d 53 (9th Cir. 1994) (deportation order alone not sufficient for alienage; burden not shifted)
- United States v. Ramirez-Cortez, 213 F.3d 1149 (9th Cir. 2000) (deportation order plus admissions and records can establish alienage)
- United States v. Sotelo, 109 F.3d 1446 (9th Cir. 1997) (context on alienage proof post-Ortiz-Lopez)
- United States v. Noriega-Perez, 670 F.3d 1033 (9th Cir. 2012) (circumstantial evidence not bound by Ortiz-Lopez burden shift)
- United States v. Galindo-Gallegos, 244 F.3d 728 (9th Cir. 2001) (admissions plus deportation history can prove alienage)
- United States v. Hernandez, 105 F.3d 1330 (9th Cir. 1997) (evidence indicating illegal entry supports alienage finding)
- United States v. Garcia-Villegas, 575 F.3d 949 (9th Cir. 2009) (I-213-like information admissible as deportation evidence, not itself the order)
- United States v. Bahena-Cardenas, 411 F.3d 1067 (9th Cir. 2005) (evidence of deportation considered alongside other records)
- United States v. Nevils, 598 F.3d 1158 (9th Cir. 2010) (en banc; limits on appellate weighing of conflicts at trial)
- United States v. Acosta-Sierra, 690 F.3d 1111 (9th Cir. 2012) (standard for reviewing sufficiency of evidence)