Legal Opinion

United States v. Esparza

Court of Appeals for the Fifth Circuit

Decided April 20, 2012No. 10-20705PublishedCited by 9 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Juan Isais Esparza appeals his conviction for illegal reentry into the United States under 8 U.S.C. § 1326. The sole issue before us is whether the record evidence is sufficient to justify the trial judge’s conclusion that Esparza was an alien at the time of his reentry. We find that the record evidence is sufficient to conclude that Esparza was an alien. We also find that the nunc pro tunc divorce decree obtained in 2010 purporting to retroactively rearrange Esparza’s custody status in 1994 does not raise a reasonable doubt as to his alienage. Esparza’s conviction is…

2Cases cited8 opinions

  1. Miller v. AlbrightSupreme Court of the United States · 1998
  2. Miguel Noel Fierro v. Janet Reno, Attorney General, Miguel Noel Fierro v. Janet Reno, Attorney GeneralCourt of Appeals for the First Circuit · 2000
  3. United States v. TurnerCourt of Appeals for the Fifth Circuit · 2003
  4. Javier Ontoniel Bustamante-Barrera v. Alberto R. Gonzales, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. BrownCourt of Appeals for the Fifth Circuit · 1999

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3Cited by9 opinions

  1. United States v. Hugh WillettCourt of Appeals for the Fifth Circuit · 2014
  2. United States v. Hector TovarCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. Tyrone SmithCourt of Appeals for the Fifth Circuit · 2018
  4. Ernesto Gonzalez-Segura v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2018
  5. United States v. KnowltonCourt of Appeals for the Fifth Circuit · 2021

4 more not listed; retrieve them via the Exa API.

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