United States District Court, W.D. Texas, El Paso Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIONES SENIOR UNITED STATES DISTRICT JUDGE
August 30, 2019, this Court held a bench trial in the
above-captioned case. Defendant Rafael Narciso Aleman's
("Mr. Aleman") was present and represented by
counsel. After questioning by the Court, Mr. Aleman indicated
that he understood his rights and knowingly waived, in
writing, his right to trial by jury. Waiver of Rights to
Trial by Jury, ECF No. 22.
hearing the evidence, the Court has determined that Mr.
Aleman is guilty beyond a reasonable doubt of violating 8
U.S.C. § 1326(a) (illegal reentry). In accordance with
Federal Rule of Criminal Procedure 23(c), the Court enters
these Findings of Fact and Conclusions of Law with respect to
single count Indictment filed on June 19, 2019, the Grand
Jury charged Defendant with illegally reentering the United
States after having been previously removed in violation of 8
U.S.C. § 1326(a). Indictment, ECF No. 10.
Aleman and the United States of America ("the
Government") stipulated to the following facts in
writing and on the record during trial. Stipulation of Facts,
ECF No. 23. The Court, therefore, makes the following
1. That, on or about May 22, 2019, in the Western District of
Texas, United States Border Patrol (hereinafter
"USBP") agents observed five individuals use a rope
ladder to climb over the border K2 fence approximately 3.2
miles west of the Ysleta Port of Entry in El Paso, Texas.
USBP Agents Jacob Nunez and Joseph Ramos-Campanelli found the
five individuals, including the abovenamed defendant, Mr.
Rafael Narciso Aleman[, ] in the Rio Bosque Wetlands.
2. That USBP Agents questioned Mr. Aleman as to his
citizenship and immigration status to which he responded that
he was a citizen of El Salvador without immigration
documentation to allow him to remain in the United States.
3. That a review of the A-file and records checks of all the
pertinent databases reflect that [sic] including and
subsequent to Mr. Aleman['s] removal on May 28, 2010
through the date of his arrest, Mr. Aleman has not received
the express consent to apply or re-apply for admission into
the United States from the Attorney General nor the Secretary
of Homeland Security.
4. Further, that additional records indicate that immigration
officials physically removed Mr. Aleman to El Salvador from
the United States once, [sic] on May 28, 2010, through
Columbus, Georgia, as evidenced by a Form 1-205, which
includes a photograph of Mr. Aleman as well as a marking of
his right index finger.
5. Finally, that prior to Mr. Aleman's physical removal,
an officer employed by the Department of Homeland Security
personally served him with a document entitled "Notice
to Appear" ("NTA") on February 3, 2010. The
putative NTA ordered Mr. Aleman to appear before an
immigration judge for removal proceedings, but it did not
provide a location, a date, and time for the removal hearing.
On March 31, 2010, a Notice of Hearing was served by personal
service (care of Custodial Officer) on the Defendant which
notified him that his immigration case had been scheduled for
a Master hearing before the Immigration Court on May 10, 2010
at 8:30am. On May 10, 2010, an immigration judge sitting in
Lumpkin, Georgia, ordered Mr. Aleman removed from the United
States. Mr. Aleman waived his right to appeal the Immigration
Id. at 1-2.