August 24, 2019

Tenth Circuit: Conviction for Criminally Transporting Alien Affirmed; Need Only Show Alien Was Illegally Present In US, Not Illegal Entry

The Tenth Circuit Court of Appeals published its opinion in United States v. Franco-Lopez on Monday, July 23, 2012.

The Tenth Circuit affirmed the district court’s decision. Petitioner appeals his conviction on one count of transporting an illegal alien. The statute under which he was convicted “criminalizes the transportation of an alien who ‘has come to, entered, or remains in’ the country illegally.” Petitioner argues that the district court erred in denying his motion for acquittal because the government did not present evidence that the transported alien illegally ‘entered’ the United States. In support, Petitioner relies on the definition of ‘entry’ used in the context of civil immigration law or in illegal reentry cases.” The Court, however, concluded that “the government need only prove that the transported alien was present in the United States in violation of the law.”

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