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Keywords

attorneytrialtestimonywilldeportationjury trial
attorneytrialtestimonywilldeportationjury trial

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Sanchez-Milam; U.S. v.

Facts

The immigrant waived his right to a jury trial and stipulated to all elements of the offense except for the final element, which was that he did not obtain permission from the Attorney General to reapply for admission. An INS agent testified that the Attorney General never gave the immigrant permission to apply for reentry, and a certificate of nonexistence of record was introduced, certifying that there was no evidence of the granting of permission for admission into the United States after deportation. The immigrant argued that the certificate did not prove he was never granted consent to apply for reentry.

The immigrant waived his right to a jury trial and stipulated to all elements of the offense except for the final element, which was that he did not obtain permission from the Attorney General to reapply for admission. An INS agent testified that the Attorney General never gave the immigrant permission to apply for reentry, and a certificate of nonexistence of record was introduced, certifying that there was no evidence of the granting of permission for admission into the United States after deportation.

Issue

Whether the Government produced sufficient evidence that the Attorney General had not expressly consented to Sanchez's reapplying for admission into the United States.

Whether the Government produced sufficient evidence that the Attorney General had not expressly consented to Sanchez's reapplying for admission into the United States.

Rule

A certificate of nonexistence of record of the INS will satisfy the Government's burden of proving that the Attorney General had not consented to an application for reentry.

A certificate of nonexistence of record of the INS will satisfy the Government's burden of proving that the Attorney General had not consented to an application for reentry.

Analysis

The court applied the rule by examining the evidence presented, including the certificate of nonexistence of record and the testimony of Agent Dozier. The court found that the evidence supported the conclusion that the Attorney General had not granted consent for Sanchez to reapply for admission. The court noted that the process for reentry required the Attorney General's consent, and the absence of such consent was established through the certificate and the agent's testimony.

The court applied the rule by examining the evidence presented, including the certificate of nonexistence of record and the testimony of Agent Dozier. The court found that the evidence supported the conclusion that the Attorney General had not granted consent for Sanchez to reapply for admission.

Conclusion

The judgment of the district court was affirmed, as the Government produced sufficient evidence that the Attorney General did not consent to Sanchez's application for reentry.

The judgment of the district court was affirmed, as the Government produced sufficient evidence that the Attorney General did not consent to Sanchez's application for reentry.

Who won?

The Government prevailed in the case because it provided substantial evidence supporting Sanchez's conviction for illegal reentry.

The Government prevailed in the case because it provided substantial evidence supporting Sanchez's conviction for illegal reentry.

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