United States v. Torralba-Mendia

784 F.3d 652 (9th Cir. 2015)

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Nature of the Case

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Facts

ICE agents investigated a human smuggling operation where the organization would meet migrants on the Mexican side of the border. Escorts would guide the migrants through the ravines and creek-beds. Once inside the United States, a van or sedan would meet the migrants in the desert and drive them to Geuro Shuttle (GS), a company operating out of Tucson. From there, shuttles would drive the migrants to safe houses where they were confined until family members paid for their release. Agents observed D at GS between twenty and twenty-five times. Intercepted phone calls showed that D coordinated the pick-up of migrants and organize their drive north. From his activities and conduct, D was aware at all times to determine if he was being tailed by police. At trial, P introduced I-213 immigration forms, which were labeled a 'Record of Deportable/Inadmissible Alien.' P introduced the forms to show that many of the passengers detained during the investigation were deported. D objected arguing that the forms contained inadmissible hearsay and their introduction violated the Confrontation Clause. They were admitted and D was convicted and appealed.