United States v. Peres-Peres

MEMORANDUM **

Defendant Jose Peres-Peres appeals from a conviction under 8 U.S.C. § 1326 for being in the United States in July 2007 without the consent of the Secretary of the Department of Homeland Security,1 after having been previously deported in 1991. Peres-Peres argues that he should have been allowed to present a defense under 8 U.S.C. § 1326(a)(2)(B) that he was not required to obtain such consent.

The government asks us to affirm the district court’s pre-trial denial of the defense on the ground that it is only available to those who were previously “denied admission and removed,” 8…