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
The following excerpt is from U.S. v. Whittaker, 999 F.2d 38 (2nd Cir. 1993):
The clear language in 8 U.S.C. Section 1326(a)(2) provides three separate occasions upon which a deported alien may commit the offense: 1) when one illegally enters the United States; 2) attempts to illegally enter the United States; or 3) when a deported alien is found at any time in the United States. The plain words of the statute set out discrete points in time when the crime may be committed.
United States v. Gonzales, 988 F.2d 16, 18 (5th Cir.1993).
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