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Keywords

statutemotionvisaadmissibility
statutemotionvisaadmissibility

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Maswai; U.S. v.

Facts

Lilian Maswai, a native of Kenya, overstayed her visa and married a legal permanent resident who was abusive. After her husband reported her illegal status to immigration officials while he was in jail for domestic assault, an investigation revealed that she had falsely claimed to be a U.S. citizen on a job application. Maswai was indicted for making a false attestation on an employment eligibility verification form, and she moved to exclude the evidence obtained from her husband, citing 8 U.S.C. 1367, which restricts the use of information about battered alien spouses.

Lilian Maswai, a native of Kenya, overstayed her visa and married a legal permanent resident who was abusive. After her husband reported her illegal status to immigration officials while he was in jail for domestic assault, an investigation revealed that she had falsely claimed to be a U.S. citizen on a job application. Maswai was indicted for making a false attestation on an employment eligibility verification form, and she moved to exclude the evidence obtained from her husband, citing 8 U.S.C. 1367, which restricts the use of information about battered alien spouses.

Issue

Whether the district court erred in denying Maswai's motion to exclude the government's evidence based on 8 U.S.C. 1367(a)(1).

Whether the district court erred in denying Maswai's motion to exclude the government's evidence based on 8 U.S.C. 1367(a)(1).

Rule

8 U.S.C. 1367(a)(1) prohibits the use of information furnished solely by a battering spouse in making determinations of admissibility or deportability of an alien under the Immigration and Nationality Act.

8 U.S.C. 1367(a)(1) prohibits the use of information furnished solely by a battering spouse in making determinations of admissibility or deportability of an alien under the Immigration and Nationality Act.

Analysis

The court determined that the language of 1367(a)(1) is limited to immigration proceedings and does not apply to criminal prosecutions. It found that Maswai's prosecution was based on her false attestation under 18 U.S.C. 1546(b)(3) and not solely on information from her abusive spouse. The court concluded that the statute's protections did not extend to exclude evidence in this criminal case.

The court determined that the language of 1367(a)(1) is limited to immigration proceedings and does not apply to criminal prosecutions. It found that Maswai's prosecution was based on her false attestation under 18 U.S.C. 1546(b)(3) and not solely on information from her abusive spouse. The court concluded that the statute's protections did not extend to exclude evidence in this criminal case.

Conclusion

The court affirmed the district court's judgment, holding that 1367(a)(1) does not authorize the exclusion of the government's evidence in this prosecution.

The court affirmed the district court's judgment, holding that 1367(a)(1) does not authorize the exclusion of the government's evidence in this prosecution.

Who won?

The United States prevailed in the case because the court found that the evidence against Maswai was admissible and that the statute she cited did not apply to her criminal prosecution.

The United States prevailed in the case because the court found that the evidence against Maswai was admissible and that the statute she cited did not apply to her criminal prosecution.

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