United States v. Ramirez-Salazar, No. 14-50996 (5th Cir. 2016)
Annotate this CaseDefendant appealed the district court's denial of his motion to dismiss his indictment for illegal reentry under 8 U.S.C. 1326(a) as time-barred. Defendant contends that he was "found" for purposes of section 1326(a) on August 11, 2003, when the I-130 Petition for Alien Relative was filed. The court concluded that the specific questions in the I-130 Form that were to be answered only if defendant was physically present in the United States were left blank, supporting the inference that defendant was not present. Therefore, the district court did not clearly err in finding immigration authorities had neither discovered nor noted defendant’s physical presence in 2003. The court noted that it was not ruling categorically that an I-130 Form can never create the basis for actual knowledge of physical presence. The court is only affirming a finding in this case that the document did not put officials on notice.
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