Reported / Citable
Background
Henry Eduardo Rivas-Rios was charged in count one of an indictment with illegal reentry following removal, a violation of 8 U.S.C. § 1326(a) and (b). The case was referred to U.S. Magistrate Judge K. Nicole Mitchell for administration of a guilty plea proceeding under Federal Rule of Criminal Procedure 11. The magistrate judge conducted a hearing in the prescribed form and manner, received evidence and arguments regarding the plea, and issued findings of fact and a recommendation on the guilty plea. The defendant waived his right to object to the magistrate judge’s findings and recommendations.
The Court’s Holding
The district court accepted the U.S. magistrate judge’s findings of fact and recommendation on the guilty plea. In accordance with the defendant’s guilty plea, the court adjudged Henry Eduardo Rivas-Rios guilty of count one of the indictment, charging a violation of 8 U.S.C. § 1326(a) and (b) for illegal reentry following removal. The order was entered on July 13, 2026, by United States District Judge J. Campbell Barker.
Key Takeaways
- The defendant entered a guilty plea to illegal reentry following removal under 8 U.S.C. § 1326(a) and (b)
- The district court accepted the magistrate judge’s recommendation following Rule 11 plea proceedings
- The defendant waived his right to object to the magistrate judge’s findings and the court accepted the plea
Why It Matters
This case illustrates enforcement of 8 U.S.C. § 1326, which criminalizes entry into the United States by an alien who has been previously removed. Illegal reentry is a significant federal offense with mandatory minimum sentences and enhancing provisions depending on prior criminal history. The guilty plea reflects the federal government’s enforcement priorities regarding immigration law compliance and the consequences for individuals who re-enter the country following a prior removal order.