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Keywords

defendanttrialleasedue processcitizenshipbeyond a reasonable doubt
defendanttrialdue processvisacitizenshipbeyond a reasonable doubtappellant

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Marguet-Pillado; U.S. v.

Facts

Defendant Carlos Marguet-Pillado was born in Tijuana, Mexico, and entered the United States in 1973 with his mother. He was convicted of second-degree burglary in 1994 and attempted murder in 1995, serving time until his release in 2002. After being removed from the U.S. in 2006, he claimed he had acquired derivative citizenship through his step-father, which was rejected by an immigration judge. He re-entered the U.S. without inspection and was later indicted for being a removed alien.

Defendant-Appellant Carlos Marguet-Pillado was born in Tijuana, Mexico, in 1968 to Juana Pillado, a Mexican citizen, and an unknown biological father. Marguet-Pillado's birth certificate, obtained in 1973, lists United States citizen Michael Marguet as his father. The parties do not contest, however, that Michael Marguet was Defendant-Appellant Marguet-Pillado's step-father, not his biological father. In 1973, Defendant-Appellant Marguet-Pillado and his mother entered the United States; his mother entered on a K-1 fianc`visa and the Defendant-Appellant entered on a K-2 visa. In late 1973, in Marguet-Pillado's 'Application for Status as Permanent Resident,' Michael Marguet listed Marguet-Pillado as his son, although he disclosed to the Immigration Examiner that he and Marguet-Pillado were not biologically related. In January 1974, Defendant-Appellant Marguet-Pillado became a lawful permanent resident and continued to reside in the United States.

Issue

Did the district court err in refusing to give a jury instruction that would allow the defendant to argue that the government failed to establish that he was an alien who had not obtained derivative citizenship?

Did the district court err in refusing to give a jury instruction that would allow the defendant to argue that the government failed to establish that he was an alien who had not obtained derivative citizenship?

Rule

A criminal defendant has a constitutional right to have the jury instructed according to his theory of the case, provided that the requested instruction is supported by law and has some foundation in the evidence.

A criminal defendant has a constitutional right to have the jury instructed according to his theory of the case, provided that the requested instruction is supported by law and has some foundation in the evidence.

Analysis

The court found that the district court erred in rejecting Marguet-Pillado's requested jury instruction regarding derivative citizenship. The law of the case doctrine was incorrectly applied, as it precluded the jury from determining whether Marguet-Pillado was an alien. The court emphasized that alienage is a core element of the offense under 8 U.S.C. 1326, and the government must prove it beyond a reasonable doubt.

The court found that the district court erred in rejecting Marguet-Pillado's requested jury instruction regarding derivative citizenship. The law of the case doctrine was incorrectly applied, as it precluded the jury from determining whether Marguet-Pillado was an alien. The court emphasized that alienage is a core element of the offense under 8 U.S.C. 1326, and the government must prove it beyond a reasonable doubt.

Conclusion

The court reversed Marguet-Pillado's conviction and remanded the case for a new trial, stating that he was entitled to have the jury decide on the issue of his alienage.

The court reversed Marguet-Pillado's conviction and remanded the case for a new trial, stating that he was entitled to have the jury decide on the issue of his alienage.

Who won?

Defendant Carlos Marguet-Pillado prevailed because the court found that the district court's refusal to give the requested jury instruction violated his rights and the principles of due process.

Defendant Carlos Marguet-Pillado prevailed because the court found that the district court's refusal to give the requested jury instruction violated his rights and the principles of due process.

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