United States v. Franco Antonio Alarcon-Gonzalez

BRISCOE, Circuit Judge.

Franco Antonio Alarcon-Gonzalez entered a plea of guilty to reentering the United States after deportation for a felony conviction (8 U.S.C. § 1326(a) and (b)(1)), but reserved the right to appeal the order of the district court denying his motion to suppress evidence. He contends the questioning by Immigration and Naturalization Service (INS) agents that led to his arrest was a seizure unsupported by reasonable suspicion. We agree, and reverse and remand with directions.

Alarcon-Gonzalez, a native and citizen of El Salvador, was convicted of sale and transportation of…