Reported / Citable
Background
Javier Hernandez-Herrera was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred to United States Magistrate Judge Joseph A. Cordova for the taking of the felony guilty plea pursuant to 28 U.S.C. § 636(b)(3), with sentencing to follow before Chief United States District Judge Alia Moses.
On June 18, 2026, the defendant appeared in open court with counsel. The magistrate judge personally addressed the defendant, informed him of his right to have his plea taken by the district judge, and admonished him pursuant to Rule 11 of the Federal Rules of Criminal Procedure.
The Court’s Holding
The magistrate judge found that the defendant, with advice of counsel, voluntarily consented to having his guilty plea taken by the magistrate rather than the district judge. The defendant understood the nature of the charges, the applicable penalties, and his constitutional and statutory rights, which he freely and voluntarily waived.
The magistrate judge found that the defendant pled guilty to Count One—illegal reentry under 8 U.S.C. § 1326—without a plea agreement. The court determined the plea was made freely and voluntarily, that the defendant was competent to enter the plea, and that there was a sufficient factual basis for the guilty plea. The magistrate judge therefore found the defendant guilty and recommended that the court accept the guilty plea and enter a judgment of guilt. The defendant was advised he may be subject to restitution.
Key Takeaways
- The defendant pled guilty without a plea agreement to illegal reentry under federal law.
- The magistrate judge found all Rule 11 requirements satisfied: voluntary plea, knowing waiver of rights, competence, and factual basis.
- Sentencing has been referred to the district judge; the defendant may face restitution.
- The parties have 14 days to file objections to the magistrate’s recommendations for de novo review.
Why It Matters
This case reflects the federal government’s enforcement of 8 U.S.C. § 1326, which makes illegal reentry a felony. Magistrate judges routinely handle guilty pleas in criminal cases under statutory delegation, provided the defendant consents and full procedural safeguards under Rule 11 are observed.
The referral to the district judge for sentencing will determine the defendant’s punishment within the statutory sentencing range. Immigration-related felonies carry significant penalties and collateral consequences, making the sentencing phase critical.