United States v. Noria, No. 19-20286 (5th Cir. 2019)
Annotate this Case
The Fifth Circuit affirmed defendant's conviction and sentence of illegally reentering the United States following removal. Defendant argued that the district court's admission of five partial Form I-213's that documented immigration agents' prior encounters with him violated his Sixth Amendment right to confront the witnesses against him and were inadmissible hearsay.
The court held that the admitted portions of defendant's Form I-213's did not offend the Confrontation Clause and were admissible under Federal Rule of Evidence 803(8)'s hearsay exception for public records. In this case, portions of the Form I-213's admitted were nontestimonial and the court had no occasion to consider the Sixth Amendment status of the forms' remaining pages, which were not admitted at trial. Furthermore, the forms were generated for administrative purposes, as opposed to anticipation of trial. Therefore, the forms were not subject to Rule 803(8)(A)(ii)'s limited bar against law enforcement reports.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.