United States v. Flores-Guerrero

PER CURIAM: * Defendant-Appellant Cesar Christian Flores-Guerrero (“Flores”) appeals his convictions on charges of unlawful possession of a firearm by an illegal alien and using fraudulent immigration documents. He contends that the district court erroneously concluded that he was “illegally or unlawfully in the United States” for purposes of 18 U.S.C. § 922(g)(5)(A). Flores insists that he was present with the knowledge and authorization of immigration offi *780 ciáis. In support of this assertion, he relies on the fact that he had been released from immigration custody on bond pending removal proceedings. Flores also contends that he was in the process of obtaining lawful status at the time he was arrested, as evidenced by the fact that his wife had a Petition for Alien Relative pending. An immigration bond does not confer lawful status on an alien for purposes of 18 U.S.C. § 922(g)(5)(A). The purpose of releasing an alien on bond is to release him from custody while removal proceedings are pending, not to change his status. See United States v. Bravo-Muzquiz, 412 F.3d 1052, 1055 (9th Cir.2005). Furthermore, the fact that an alien has applied to adjust his status “does not connote that the alien’s immigration status has changed, as the very real possibility exists that the INS will deny the alien’s application altogether.” See United States v. Lucio, 428 F.3d 519, 525 (5th Cir.2005). Flores entered the United States illegally, and he remained unlawfully and illegally in the United States for purposes of 18 U.S.C. § 922(g)(5)(A). AFFIRMED. Footnotes [*] Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.