United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 28, 2005
Charles R. Fulbruge III
Clerk
No. 05-10086
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR CHRISTIAN FLORES-GUERRERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
(:04-CR-41-ALL)
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Before JONES, WIENER, and DeMOSS, Circuit Judges
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 officials. In support of this assertion, he relies on
*
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this opinion should not be published and is not precedent except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.
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,
___ F.3d ___, 2005 WL 2529686, *5 (5th Cir. Oct. 12, 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.
2