Fill and Sign the Myth of the Otherwise Law Abiding Illegal Aliencenter Form

384 72 Illegal Entry By Deported Alien 8 USC § 1326 Title 8, United States Code, Section 1326, makes it a Federal crime or offense for an alien - - someone who is not a natural-born or naturalized citizen, or a national of the United States - - to be found in the United States after the alien had been arrested and deported at some earlier time. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant was an alien at the times alleged in the indictment; Second: That the Defendant had been arrested and deported from the United States; and Third: That thereafter the Defendant was found to be in the United States without the permission of the Attorney General of the United States. An alien is any person who is not a natural-born or naturalized citizen, or a national of the United States. The term "national of the United States" includes not only a citizen, but also a person who, though not a citizen of the United States, owes permanent allegiance to the United States. ANNOTATIONS AND COMMENTS 8 USC § 1326(a) provides: . . . any alien who - - (1) has been arrested and deported or excluded and deported, and thereafter (2) enters, attempts to enter, or is at any time found in, the Unit ed States, unless (A) prior to his reembarkation at a place outside the United States or his application f or admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously excluded and deported, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act. Maximum Penalty: Two years imprisonment and "fined under Ti t le 1 8 . . . ." 8 USC § 1326(a)(2). Specific intent is not an element of t he unlawful reentry offense. U. S. v . Ramos- Quirarte, 935 F.2d 162, 163 (9t h Cir. 1991). For the mistake of law defense see U. S. v. Espinoza-Leon, 873 F.2d 74 3, 746-47 (4th Cir.), cert. Denied, 492 U.S. 924 (19 89); U. S. v. M iranda-Enriquez, 842 F.2d 1211, 1213 (10th Cir. 1988), cert. denied, 488 U.S. 836 (1988).An alien who approaches a port of entry and makes a false claim of citizenship or nonresident alien status has attempted t o enter the U. S. U. S. v . Cardenas-Alv arez, 98 7 F.2 d 112 9, 11 32 -33 (5t h Cir. 1 99 3). Surreptitious reentry is not a prerequisite to prosecution f or being "found" in the U. S. U. S. V. Ortiz-Villegas, 49 F.3d 1435, 1436 (9th Cir.), cert. denied, 116 S.Ct. 134 (1995). On statute of limitations, "continuing offense" and tolling issues, see U. S. v . Rivera- Ventura, 72 F.3d 277 (2d Cir. 1995) and U. S. v . Cast rill on-Gonzalez, 77 F.3d 403 (11th Cir. 1996) (discussing w hen a § 13 26 violation commences and is completed).