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Keywords

deportation
deportation

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Farquharson v. United States AG

Facts

Alan Farquharson, a native and citizen of Jamaica, was admitted to the United States as a lawful permanent resident in 1977. In 1980, he crashed a plane loaded with marijuana in Florida after encountering engine trouble. Following the crash, he and his copilot attempted to evade authorities but were apprehended shortly after. Farquharson was later convicted of unlawful possession of marijuana and faced deportation due to his conviction and entry without inspection.

Alan Farquharson, a native and citizen of Jamaica, was admitted to the United States as a lawful permanent resident on August 23, 1977. On November 17, 1980, he was flying a plane loaded with marijuana from Jamaica to Florida when he encountered engine trouble and was forced to crash-land about fifty miles from his intended landing site in Florida.

Issue

Whether the BIA correctly determined that Farquharson was deportable for entry without inspection and whether his ineligibility for a waiver of deportation violated his equal protection rights.

Whether the BIA correctly determined that Farquharson was deportable for entry without inspection and whether his ineligibility for a waiver of deportation violated his equal protection rights.

Rule

An entry within the meaning of 8 U.S.C. 1101 (a)(13) requires: (1) a crossing into the territorial limits of the United States; (2)(a) inspection and admission by an immigration officer, or (b) actual and intentional evasion of inspection at the nearest inspection point; and (3) freedom from official restraint.

An entry within the meaning of 8 U.S.C. 1101 (a)(13) requires: (1) a crossing into the territorial limits of the United States; (2)(a) inspection and admission by an immigration officer, or (b) actual and intentional evasion of inspection at the nearest inspection point; and (3) freedom from official restraint.

Analysis

The court found that substantial evidence supported the BIA's conclusion that Farquharson intentionally evaded inspection. His actions, including flying a plane involved in drug smuggling without proper documentation and attempting to avoid immigration inspection, demonstrated his intent to evade. Furthermore, the court determined that he was free from official restraint at the time of entry, as he was not under surveillance when he landed.

The court found that substantial evidence supported the BIA's conclusion that Farquharson intentionally evaded inspection. His actions, including flying a plane involved in drug smuggling without proper documentation and attempting to avoid immigration inspection, demonstrated his intent to evade.

Conclusion

The court affirmed the BIA's deportation order, holding that Farquharson intentionally evaded inspection and was ineligible for a waiver of deportation without violating his equal protection rights.

The court affirmed the BIA's deportation order, holding that Farquharson intentionally evaded inspection and was ineligible for a waiver of deportation without violating his equal protection rights.

Who won?

The United States government prevailed in the case as the court upheld the BIA's decision to deport Farquharson based on his illegal entry and drug conviction.

The United States government prevailed in the case as the court upheld the BIA's decision to deport Farquharson based on his illegal entry and drug conviction.

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