9th Cir. Model Jury Instr. (Criminal) 7.8

The defendant is charged in [Count _______ of] the indictment with being an alien who, after [removal] [deportation], was found in the United States in violation of Section 1326(a) of Title 8 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, [the defendant was [removed] [deported] from the United States] [the defendant departed the United States while an order of [removal] [deportation] was outstanding];

Second, thereafter, the defendant voluntarily entered the United States;

Third, [at the time of entry the defendant knew [he] [she] [other pronoun] was entering the United States] [after entering the United States the defendant knew that [he] [she] [other pronoun] was in the United States and knowingly remained];

Fourth, the defendant was found in the United States without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security to reapply for admission into the United States;

Fifth, the defendant was an alien at the time of the defendant’s entry into the United States; and

Sixth, the defendant was free from official observation or restraint between the moment [he] [she] [other pronoun] physically crossed into U.S. territory and the moment [he] [she] [other pronoun] was apprehended.

An alien is a person who is not a natural-born or naturalized citizen of the United States.