United States v. Martin Alcantara-Castillo

Opinion by Judge WARDLAW; Dissent by Judge RAWLINSON.

OPINION

WARDLAW, Circuit Judge:

Martin Alcantara-Castillo (Alcantara) appeals his jury trial conviction for illegal reentry in violation of 8 U.S.C. § 1326. *1189Because the government’s improper cross-examination and argument deprived Alcan-tara of the fair trial guaranteed by the Due Process Clause, we reverse.

I

On June 26, 2011, Border Patrol Agent Aaron Hunter responded to a report that a motion sensor had been activated approximately seven miles east of the Tecate port of entry. Searching the area, he found Alcantara lying next to an abandoned…