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U.S. v. SANCHEZ-AGUILAR

Nos. 12-30046, 12-30049.

719 F.3d 1108 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Alvaro SANCHEZ-AGUILAR, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alvaro Sanchez-Aguilar, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2013.

Attorney(s) appearing for the Case

Rebecca L. Pennell (argued), Federal Defenders of Eastern Washington & Idaho, Yakima, Washington, for Defendant-Appellant.

Alison L. Gregoire (argued), Assistant United States Attorney; Michael C. Ormsby , United States Attorney, Yakima, Washington, for Plaintiff-Appellee.

Dissent by Judge FITZGERALD.

OPINION

WATFORD, Circuit Judge:

Alvaro Sanchez-Aguilar is a citizen of Mexico who initially came to the United States as a child with his mother. Although many of his immediate family members lawfully reside in the United States, he does not, and the federal government has formally removed him to Mexico on five occasions. Following his last removal, in 2010, he returned to the United States without first obtaining permission to do so, as required by law...

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