United States v. Balde, No. 17-3337 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed defendant's conviction for one count of unlawful possession of a firearm by an alien who is illegally unlawfully in the United States. The court held that the "in the United States" element of 18 U.S.C. 922(g)(5)(A) requires only that a noncitizen be physically present within the United States. The court rejected defendant's argument that a defendant must have "entered" the country as a matter of immigration law.
The court also held that, in light of defendant's immigration status at the time of the conduct underlying his arrest, he was unlawfully present in the United States. The court rejected defendant's argument that he was not present "illegally or unlawfully" because he was effectively paroled into the country when he was released from detention in 2007.
The court issued a subsequent related opinion or order on November 13, 2019.