United States v. Ramirez-Carcamo

United States v. Ramirez-Carcamo

Opinion

 [*385]  Leslie H. Southwick, Circuit Judge:

Olivin Orlando Ramirez-Carcamo appeals his conviction for illegal reentry after removal, arguing that the statutory elements for that offense were not met. There was no error, and we AFFIRM.

I. BACKGROUND

Ramirez-Carcamo, a citizen of Honduras, was apprehended by border patrol agents near Eagle Pass, Texas on September 17, 2005. The agents processed Ramirez-Carcamo but had to release him because they lacked sufficient detention funds. The agents issued a Notice to Appear, however, which stated that Ramirez-Carcamo had to appear before an immigration judge and show cause as to why he was not  [**2] subject to removal. No date or time for the appearance was stated. The Notice to Appear indicated the timing would be established later. Ramirez-Carcamo was required to report, in writing or in person, to a deportation officer on October 1, 2005. Further, if he did not appear at his removal hearing after being told of its scheduling, the Notice informed him that an immigration judge could order removal in his absence. Ramirez-Carcamo signed the Notice to Appear after it was translated into Spanish.

The immigration proceedings later were set for January 20, 2006. Ramirez-Carcamo left the country prior to that date and even prior to the date that he was scheduled to report to his deportation officer. He left on a September 28, 2005 flight from Miami, Florida to San Salvador, El Salvador without informing authorities. When Ramirez-Carcamo did not appear at the January 2006 proceedings, the immigration judge entered a removal order in absentia. See 8 C.F.R. § 1003.26(c). ² 

Ramirez-Carcamo did not remain outside of the United States. On August 13, 2007, he was arrested for multiple traffic violations in Louisiana by the Orleans Parish Sheriff's Patrol. He was then turned over to border patrol agents. Ramirez-Carcamo informed them that he had reentered the United States in August 2006. He was later indicted for being an alien found in the United States after having previously been removed and deported. See 8 U.S.C. § 1326.

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