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Immigration Law

CA9 on Sec. 1325: US v. Corrales-Vazquez

US v. Corrales-Vazquez

"Federal law makes it a crime for “[a]ny alien” to “enter[] or attempt[] to enter the United States at any time or place other than as designated by immigration officers,” 8 U.S.C. § 1325(a)(1), or to “elude[] examination or inspection by immigration officers,” id. § 1325(a)(2). In this case, we consider whether an alien who crosses into the country at a non-designated time or place is guilty of “elud[ing] examination or inspection by immigration officers” under § 1325(a)(2). We hold that the answer is no. To convict a defendant under § 1325(a)(2), the government must prove that the alien’s criminal conduct occurred at a time and place designated for “examination or inspection by immigration officers”—i.e., at a port of entry that is open for inspection. Because the government failed to make that showing in this case, we reverse."