HAYNES, Circuit Judge:
Samuel Quezada Rojas appeals his conviction under 8 U.S.C. § 1326(a) for illegally reentering the United States after deportation on the grounds that he was neither "found" nor "in" the United States as required by statute. We AFFIRM.
In 2009, Rojas was arrested by Immigration Enforcement Agents and removed from the United States. He subsequently reentered without the consent of the Attorney General and worked in Denver, Colorado, until 2013, when he boarded a bus for Mexico. The bus was stopped and boarded at the Stanton Street Bridge Border Crossing at the Paso Del Norte Port of Entry in El Paso, Texas, by a United States Border Patrol Agent conducting inspections of outbound traffic. Upon questioning by the Agent, Rojas admitted he was in the United States illegally. Rojas was charged with being "found in the United States" illegally after being removed from the country in violation of 8 U.S.C. § 1326(a).
During trial, Rojas filed a Rule 29 motion for judgment of acquittal arguing that he was neither "found" nor "in" the United States at the time of his arrest. See FED. R.CRIM.P. 29. The district court disagreed, found Rojas guilty, and sentenced him to time served. Rojas appealed.
"A previously deported alien is found in the United States when his physical presence is discovered and noted by the immigration authorities, and the knowledge of the illegality of his presence, through the exercise of diligence typical of law enforcement authorities, can reasonably be attributed to the immigration authorities." United States v. Santana-Castellano, 74 F.3d 593, 598 (5th Cir.1996) (citation and internal quotation marks omitted).
Rojas cites to cases holding that one "who voluntarily approaches an INS station cannot be said to have been found or discovered in the United States." United States v. Angeles-Mascote, 206 F.3d 529, 531 (5th Cir.2000) (quoting United States v. Canals-Jimenez, 943 F.2d 1284, 1287 (11th Cir.1991)) (holding that an alien who approached the immigration officer upon arrival at a U.S. airport was not "found" in the United States). He contends, therefore, that he was not "found" because he admitted his unlawful status to the Agent.
This argument, though colorable, is ultimately without merit. See United States v. Felix-Hernandez 567 Fed.Appx. 253 (5th Cir.2014) (unpublished).
Rojas also contends that he was not "in" the United States within the meaning of 8 U.S.C. § 1326. Citing dicta, he argues that to be "in" the United States "require[s] both physical presence in the country as well as freedom from official restraint." Angeles-Mascote, 206 F.3d at 531. As the Ninth Circuit describes it, "an alien is under `official restraint' if, after crossing the border without authorization, he is deprived of his liberty and prevented from going at large within the United States." United States v. Gonzalez-Torres, 309 F.3d 594, 598 (9th Cir. 2002) (internal quotation marks, alterations, and citation omitted). Although we have mentioned the official restraint doctrine in previous cases, we have never explicitly adopted the doctrine. See, e.g., United States v. Palomares-Villamar, 417 Fed.Appx. 437, 439 (5th Cir.2011) (unpublished) (remarking that there "is no published Fifth Circuit authority detailing the concept of official restraint in a § 1326 case"); Angeles-Mascote, 206 F.3d at 531; United States v. Cardenas-Alvarez, 987 F.2d 1129, 1133 (5th Cir.1993).
We need not decide whether the official restraint doctrine applies in this circuit because even if it does, Rojas does not fall within the "official restraint" parameters.
AFFIRMED.