UNITED STATES of America, Plaintiff-Appellee, v. Hector Alonzo VIRAMONTES-ALVARADO, Defendant-Appellant

HUG, Chief Judge:

On August 28, 1996, Hector Viramontes-Alvarado was convicted of illegal reentry of an alien into the United States after deportation subsequent to a felony conviction in violation of 8 U.S.C. § 1326(b)(1). He contends that he is not an alien because he is the illegitimate son of an American citizen father.

Viramontes-Alvarado appeals his conviction on several grounds: (1) the denial of derivative citizenship violates the equal protection clause; (2) the requirement that a U.S. citizen father physically bring an illegitimate child into his home violates the Due Process right to…