United States Court of Appeals for the Ninth Circuit
625 F.3d 1198 (2010)
Luis Diaz-Lopez (Diaz) (defendant), a citizen of Mexico, was walking along a California road when he was detained by a Border Patrol agent and subsequently charged with being a previously-removed alien found in the United States in violation of 18 U.S.C. § 1326(a). At a bench trial, the government introduced testimony from a Border Patrol agent who stated he had performed a search of the Computer Linked Application Information Management System (CLAIMS) database using Diaz’s name, alien number, and date of birth and found no record of Diaz filing a Form I-212, a required document for permission to reapply for admission to the United States after having been previously removed. Diaz was convicted and he appealed.
Rule of Law
Holding and Reasoning (Gould, J.)
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