Proving Alienage: U.S. v. Terraza-Palma

"The weight of Ninth Circuit authority supports the conclusion that a finding of alienage, as noted in a defendant's warrant of removal, is inadmissible hearsay that may not be used to prove the alienage element of a § 1326 offense.  Accordingly, Defendant's motion to exclude immigration documents is GRANTED, insofar as it seeks to preclude the government from proving alienage via the warrant of removal." - U.S. v. Terraza-Palma, Sept. 11, 2012.