United States v. Aldana, No. 16-50372 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendants' misdemeanor convictions under 8 U.S.C. 1325(a)(1) for attempting to enter the United States "at any time or place other than as designated by immigration officers." The panel held that a place "designated by immigration officers" refers to a specific immigration facility, not an entire geographic area. In this case, there was no dispute that defendants did not enter the United States through a facility where immigration officials could accept applications for entry. Therefore, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found beyond a reasonable doubt that defendants attempted to enter the United States in a place other than as designated by immigration officers.
Court Description: Criminal Law. Affirming misdemeanor convictions under 8 U.S.C. § 1325(a)(1) for attempting to enter the United States “at any time or place other than as designated by immigration officers,” the panel held that a place “designated by immigration officers” refers to a specific immigration facility, not an entire geographic area. UNITED STATES V. ALDANA 3
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