On February 9, 2010, Lopez, a native and citizen of Mexico, was arrested outside Lukeville, Arizona and transferred to the Border Patrol Station in Tucson for processing. Lukeville is on the United States–Mexico border. The following day, Border Patrol Agent Craig Harris interviewed and fingerprinted Lopez at the Tucson station. On February 11, 2010, according to the government, Lopez was transported by bus to the Nogales, Arizona port of entry and removed from the United States across the border to Mexico. On June 22, 2011, an ICE officer arrested Lopez outside his home in Los Angeles.
During the one-day trial, the government introduced as Exhibit 12 a Notice to Alien Ordered Removed/Departure Verification (Form I-296) from Lopez’s A-File. The form is used to record the removal of an individual from the United States during the expedited removal process. This form has two parts. The top half of the form, the “Notice to Alien Ordered Removed,” warns that if the removed alien attempts to enter, enters, or is found in the United States he can be prosecuted for a felony under 8 U.S.C. § 1326 and could face severe penalties. The officer who serves this warning enters his signature on that portion of the form. In Lopez’s case, Agent Harris served the warning. Agent Harris’s name is typed on the signature line next to his signature along with his title, Border Patrol Agent, and his office location, Tucson, Arizona.
Judge(s): Kim McLane Wardlaw
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: Criminal Justice
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Ashley Aull||U.S. Department of Justice|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Davina Chen||Law Office of Davina T. Chen|