A panel of 9th Circuit Court judges declined the federal government’s attempt to appeal the 2019 ruling that overturned the conviction of a man charged with illegal entry into the United States. The man’s legal counsel argued that the government had improperly charged him with a crime because the man had not eluded or evaded immigration officers at a port of entry. This ruling could serve as an important precedent for immigrants charged with illegal entry in Oregon.
A charge of illegal entry
The US government charges people with illegal entry into the United States under three main conditions:
- The person tries to enter the US at times and places not designated by immigration officers.
- The person attempts to evade examination or inspection by immigration officers.
- The person conceals information or misleads an immigration officer.
The effect on prior convictions
What this means is that hundreds of convictions – because the person allegedly evaded examination or inspection by immigration officers – could be overturned. Though most of these convictions were already in the process of appealing, this could mean that additional thousands could seek appeals to have their convictions overturned.
New protection for illegal immigrants
If your loved one has an illegal entry conviction on similar grounds, you may have a claim for having that conviction overturned. Find a criminal defense lawyer who is knowledgeable in post-conviction relief. Don’t let an unlawful conviction ruin your loved one’s chance at a better life.