What is the difference between Section 1324 and section 1325 of the Immigration Code?
Manitoba, Canada
The following excerpt is from R. v. Chen; R. v. Guevarra, 2004 MBCA 194 (CanLII):
33 The distinction between ss. 1324 and 1325 was commented upon in United States v. Raghunandan, 587 F.Supp. 423 (W.D. N.Y. 1984), by Elfvin D.J., who wrote (at p. 425): … [S]ection 1325 deals exclusively with an alien’s own improper entry or misrepresentation or concealment of facts and is merely a misdemeanor crime for a first-time offender. Such statute does not pertain to the willful or knowing alien-smuggling prohibited and made a felony by section 1324.
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