What are the elements of illegal reentry after the commission of an aggravated felony?

We find no abuse of discretion in the district court's conclusion. Rodriguez was convicted after a jury trial of illegal reentry after the commission of an aggravated felony and a felony, 8 U.S.C. 1326(a), (b)(1), and (b)(2). The elements of violating 8 U.S.C. 1326 are: 1) the defendant is an alien; 2) he was arrested and deported or excluded and deported; and 3) thereafter, he improperly entered, or attempted to enter, the United States. United States v. Ortiz-Lopez, 24 F.3d 53, 55 (9th Cir.1994). At trial, there was no dispute that Rodriguez had been arrested for both a felony and an aggravated felony, had been deported, and had thereafter improperly reentered the United States. The material issue at trial was whether or not Rodriguez was an alien.