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Keywords

defendanttrialmotionasylumvisadeportation
defendanttrialmotionasylumvisadeportation

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Kpomassie; U.S. v.

Facts

Defendant is a citizen of the Togolese Republic who entered the U.S. on a visa that expired in 1996. After his asylum application was denied, he was ordered removed from the U.S. In June 2003, while being deported, he initiated a physical confrontation with law enforcement officers to prevent his departure, leading to the charges against him. The court found that the criminal proceeding did not challenge the validity of the deportation order and allowed the necessity defense to be presented.

Defendant is a citizen of the Togolese Republic who entered the U.S. on a visa that expired in 1996. After his asylum application was denied, he was ordered removed from the U.S. In June 2003, while being deported, he initiated a physical confrontation with law enforcement officers to prevent his departure, leading to the charges against him. The court found that the criminal proceeding did not challenge the validity of the deportation order and allowed the necessity defense to be presented.

Issue

Whether the defendant can use a necessity defense in his criminal trial for violating 8 U.S.C.S. 1227(a) despite the government's motion to prohibit it.

Whether the defendant can use a necessity defense in his criminal trial for violating 8 U.S.C.S. 1227(a) despite the government's motion to prohibit it.

Rule

A necessity defense is available if the defendant shows a well-founded fear of persecution upon return to their country and that no reasonable legal alternative exists to violating the law.

A necessity defense is available if the defendant shows a well-founded fear of persecution upon return to their country and that no reasonable legal alternative exists to violating the law.

Analysis

The court determined that the necessity defense could be presented because the defendant had made a prima facie showing of necessity. The court clarified that the criminal proceeding was separate from the deportation order, and findings made in this case would not affect the validity of the deportation order.

The court determined that the necessity defense could be presented because the defendant had made a prima facie showing of necessity. The court clarified that the criminal proceeding was separate from the deportation order, and findings made in this case would not affect the validity of the deportation order.

Conclusion

The court denied the government's motion to prohibit the use of a necessity defense, allowing the defendant to present his case to the jury.

The court denied the government's motion to prohibit the use of a necessity defense, allowing the defendant to present his case to the jury.

Who won?

Defendant prevailed as the court allowed him to present a necessity defense, finding that he had made a prima facie showing of necessity.

Defendant prevailed as the court allowed him to present a necessity defense, finding that he had made a prima facie showing of necessity.

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