Does Section 1325(a)(2) of the Immigration Code apply to a designated port of entry?

MultiRegion, United States of America

The following excerpt is from United States v. Choy-Timana, Case No.: 18mj3200 AJB (S.D. Cal. 2018):

"By its terms, Section 1325 is violated only if the alien 'enters' or 'obtains entry to' the United States ((1), (3)) or if the alien 'eludes examination or inspection by immigration officers' ((2))." United States v. Oscar, 496 F.2d 492, 493 (9th Cir. 1974). The statutory language in 1325(a)(2) does not limit the conduct of eluding examination or inspection to a designated port of entry. Defendant cites no case law which limits the application of 1325(a)(2) to a designated port of entry.

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