United States v. Castillo-Reza ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51117
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR RAUL CASTILLO-REZA,
also known as Hector Raul Castillo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-110-ALL-EP
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Hector Raul Castillo-Reza appeals his conviction and
sentence for illegally reentering into the United States
following deportation after the commission of an aggravated
felony, in violation of 8 U.S.C. § 1326 (a) & (b). He contends
that the Immigration and Nationality Act’s (INA) derivative
citizenship provisions violate his right to equal protection
under the Fifth Amendment because disparate treatment is afforded
*
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that this opinion should not be published and is not precedent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.
No. 01-51117
-2-
to children based on their parents’ marital status at the time of
the child’s birth. Castillo-Reza acknowledges that his argument
is foreclosed by this court’s decision in United States v.
Cervantes-Nava, 281 F.3d 501 (5th Cir.), cert. denied, 122 S. Ct.
2379 (2002), but he seeks to preserve the issue for further
Supreme Court review.
As Castillo-Reza concedes, this court can not alter the
derivative citizenship requirements of the INA for purposes
conferring citizenship on an alien, despite a presumed equal
protection violation. See id. at 503-06. Accordingly, Castillo-
Reza’s conviction and sentence are AFFIRMED.