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Keywords

defendantstatutemotionleasestatute of limitationsmotion to dismiss
defendantstatutemotionleasestatute of limitationsmotion to dismiss

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Terrazas Siles; U.S. v.

Facts

Lourdes Terrazas Siles, a Bolivian national, attempted to enter the U.S. in 1999 using a false passport. She was intercepted by immigration authorities and subsequently removed under expedited removal provisions. After being deported, she returned to the U.S. undetected and lived there for nearly 16 years before being arrested in 2016 for aggravated sexual battery. Following her release from state custody in 2019, she was indicted for unlawful reentry.

Lourdes Terrazas Siles, a Bolivian national, attempted to enter the U.S. in 1999 using a false passport. She was intercepted by immigration authorities and subsequently removed under expedited removal provisions. After being deported, she returned to the U.S. undetected and lived there for nearly 16 years before being arrested in 2016 for aggravated sexual battery. Following her release from state custody in 2019, she was indicted for unlawful reentry.

Issue

The main legal issues were whether the prosecution was barred by the statute of limitations, whether the expedited removal was fundamentally unfair, and whether Siles had actually 'entered' the U.S. during her 1999 encounter.

The main legal issues were whether the prosecution was barred by the statute of limitations, whether the expedited removal was fundamentally unfair, and whether Siles had actually 'entered' the U.S. during her 1999 encounter.

Rule

The applicable statute of limitations for a 1326 prosecution is five years, beginning when the defendant is 'found in' the U.S. Additionally, a noncitizen can challenge the validity of an expedited removal order under 1326(d) if they can show that the removal proceedings were fundamentally unfair.

The applicable statute of limitations for a 1326 prosecution is five years, beginning when the defendant is 'found in' the U.S. Additionally, a noncitizen can challenge the validity of an expedited removal order under 1326(d) if they can show that the removal proceedings were fundamentally unfair.

Analysis

The court determined that the prosecution was timely because Siles was first 'found in' the U.S. in 2016 when she was arrested. The court also found that Siles did not meet the criteria to challenge her expedited removal under 1326(d) because she failed to demonstrate that the removal proceedings were fundamentally unfair or that she exhausted available administrative remedies.

The court determined that the prosecution was timely because Siles was first 'found in' the U.S. in 2016 when she was arrested. The court also found that Siles did not meet the criteria to challenge her expedited removal under 1326(d) because she failed to demonstrate that the removal proceedings were fundamentally unfair or that she exhausted available administrative remedies.

Conclusion

The court denied Siles' motion to dismiss the indictment, concluding that the prosecution was timely and that her expedited removal was valid.

The court denied Siles' motion to dismiss the indictment, concluding that the prosecution was timely and that her expedited removal was valid.

Who won?

The United States prevailed in the case because the court found that the indictment was timely and that Siles' arguments against the validity of her removal were unpersuasive.

The United States prevailed in the case because the court found that the indictment was timely and that Siles' arguments against the validity of her removal were unpersuasive.

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