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Keywords

defendantattorneytestimonydeportation
defendantattorneytestimonydeportation

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Fajardo-Fajardo; U.S. v.

Facts

Defendant was apprehended during a traffic stop where he identified himself as Pedro Duran and presented false identification. After failing a sobriety test, he was arrested, and during the process, he admitted to being an illegal alien and that he was waiting for a green card. Immigration agents later confirmed that he had been previously deported and had not received permission to re-enter the United States.

Defendant was apprehended during a traffic stop where he identified himself as Pedro Duran and presented false identification. After failing a sobriety test, he was arrested, and during the process, he admitted to being an illegal alien and that he was waiting for a green card. Immigration agents later confirmed that he had been previously deported and had not received permission to re-enter the United States.

Issue

Whether the government provided sufficient proof that Fajardo had not received the consent of the Attorney General or the Secretary of Homeland Security to apply for readmission to the United States since his deportation.

Whether the government provided sufficient proof that Fajardo had not received the consent of the Attorney General or the Secretary of Homeland Security to apply for readmission to the United States since his deportation.

Rule

In order to show a violation of 8 U.S.C. 1326(a), the Government must establish: (1) the defendant is an alien; (2) the defendant was previously denied admission, excluded, removed, or deported; (3) the defendant knowingly entered or was found in the United States; and (4) the defendant did not receive the consent of the Attorney General or Secretary of Homeland Security to apply for readmission.

In order to show a violation of 8 U.S.C. 1326(a), the Government must establish: (1) the defendant is an alien; (2) the defendant was previously denied admission, excluded, removed, or deported; (3) the defendant knowingly entered or was found in the United States; and (4) the defendant did not receive the consent of the Attorney General or Secretary of Homeland Security to apply for readmission.

Analysis

The court found that the testimony from ICE agents regarding the absence of records in Fajardo's Alien File and the CIS database was sufficient to support the jury's conclusion that he did not receive permission to re-enter the United States. Additionally, Fajardo's own sworn statement admitting he had not obtained permission corroborated the evidence against him.

The court found that the testimony from ICE agents regarding the absence of records in Fajardo's Alien File and the CIS database was sufficient to support the jury's conclusion that he did not receive permission to re-enter the United States. Additionally, Fajardo's own sworn statement admitting he had not obtained permission corroborated the evidence against him.

Conclusion

The court affirmed the judgment of the district court, concluding that the evidence was sufficient to support the conviction.

The court affirmed the judgment of the district court, concluding that the evidence was sufficient to support the conviction.

Who won?

The United States prevailed in the case because the court found that the evidence presented was sufficient to support the conviction of Fajardo for unlawful re-entry after deportation.

The United States prevailed in the case because the court found that the evidence presented was sufficient to support the conviction of Fajardo for unlawful re-entry after deportation.

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