Is knowledge of an alien's prior felony conviction an element of section 1327 of the Immigration Code?
MultiRegion, United States of America
The following excerpt is from USA v. Flores-Garcia, 198 F.3d 1119 (9th Cir. 2000):
Determining whether the defendant's knowledge of an alien's prior felony conviction is an element of section 1327 requires an examination of the statute's plain meaning. See United States Nat'l Bank of Oregon v. Indep. Ins. Agents of America, 508 U.S. 439, 454-455 (1993). We ascertain the statute's plain meaning by examining the statute's language, its internal structure as well as its object and policy. See id. at 455.
Title 8, section 1327, states:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime? (MultiRegion, United States of America)
Is a defendant's prior conviction for an aggravated felony a necessary element of 8.C. section 1326(b)(2) of the Criminal Code? (MultiRegion, United States of America)
Does an aggravated felony conviction prior to deportation need to be a necessary element of the crime charged under section 1326(b)(2)? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for an illegal immigrant to be convicted of a charge under section 1326(a)(2) of the Immigration Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a defendant convicted for violating Section 2252A of the Criminal Code subject to an enhanced sentence if he has a prior sexual abuse conviction? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
