Part of INA Sec. 274 Unconstitutional: U.S. v. Hansen

U.S. v. Hansen

"Helaman Hansen (“Hansen”) appeals his conviction and 240-month sentence for twelve counts of mail fraud, three counts of wire fraud, and two counts of encouraging or inducing illegal immigration for private financial gain. On appeal, he argues that the district court improperly denied his motion to dismiss his convictions for the two counts of encouraging or inducing an alien to reside in the United States for financial gain (Counts 17 and 18) because 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutional. We have jurisdiction under 28 U.S.C. § 1291 and hold that § 1324(a)(1)(A)(iv) is facially overbroad. ... We are mindful that invalidating subsection (iv) for overbreadth is “‘strong medicine’ that is not to be ‘casually employed.’” Williams, 553 U.S. at 293 (quoting Los Angeles Police Dept. v. United Reporting Publishing Corp., 528 U.S. 32, 39 (1999)). However, for the reasons we have set forth above, subsection (iv) is overbroad and unconstitutional. We vacate Hansen’s convictions on Counts 17 and 18 and remand to the district court for resentencing."

[Hats off to Carolyn M. Wiggin (argued), Assistant Federal Defender; Heather E. Williams, Federal Defender; Office of the Federal Defender, Sacramento, California, and Vera Eidelman (argued), American Civil Liberties Union Foundation, New York, New York; Cecillia D. Wang, American Civil Liberties Union Foundation, San Francisco, California; Shilpi Agarwal, American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Northern California!]