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statutehearingplealeaseliens
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Thum; U.S. v.

Facts

Jorge Humberto Thum, a U.S. citizen with a history of smuggling illegal aliens, was sentenced to 33 months of incarceration and two years of supervised release after pleading guilty to transporting an illegal alien. Following a violation of his supervised release, Thum was arrested for escorting an illegal alien, Aldo Varguez-Rodriguez, from a fast food restaurant to a transportation van. The government alleged that this act constituted encouraging the alien to reside in the U.S., leading to a hearing where the district court ultimately revoked Thum's supervised release.

Jorge Humberto Thum, a U.S. citizen with a history of smuggling illegal aliens, was sentenced to 33 months of incarceration and two years of supervised release after pleading guilty to transporting an illegal alien. Following a violation of his supervised release, Thum was arrested for escorting an illegal alien, Aldo Varguez-Rodriguez, from a fast food restaurant to a transportation van.

Issue

Did Jorge Humberto Thum violate his supervised release by encouraging an illegal alien to reside in the United States, and did he aid and abet an alien smuggler in this regard?

Did Jorge Humberto Thum violate his supervised release by encouraging an illegal alien to reside in the United States, and did he aid and abet an alien smuggler in this regard?

Rule

Under 8 U.S.C. 1324(a)(1)(A)(iv), it is a federal crime to encourage or induce an alien to reside in the United States, knowing that such residence is in violation of law. The court also noted that each immigration offense under this statute is discrete and covers different groups of wrongdoers.

Under 8 U.S.C. 1324(a)(1)(A)(iv), it is a federal crime to 'encourage[] or induce[] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.'

Analysis

The court analyzed the evidence presented and concluded that Thum's actions did not amount to encouraging or inducing Varguez-Rodriguez to reside in the U.S. The court emphasized that merely escorting the alien to a van did not demonstrate any intent or action to persuade the alien to stay in the country. The court also highlighted that if facilitating transportation were sufficient to show encouragement, it would render the separate prohibition on transportation superfluous.

The court analyzed the evidence presented and concluded that Thum's actions did not amount to encouraging or inducing Varguez-Rodriguez to reside in the U.S. The court emphasized that merely escorting the alien to a van did not demonstrate any intent or action to persuade the alien to stay in the country.

Conclusion

The Ninth Circuit vacated the district court's judgment revoking Thum's supervised release and remanded the case with instructions to dismiss the petition, finding insufficient evidence to support the allegations against Thum.

The Ninth Circuit vacated the district court's judgment revoking Thum's supervised release and remanded the case with instructions to dismiss the petition, finding insufficient evidence to support the allegations against Thum.

Who won?

Jorge Humberto Thum prevailed in the case because the court found that the government failed to provide sufficient evidence to support the claims that he encouraged an illegal alien to reside in the United States.

Jorge Humberto Thum prevailed in the case because the court found that the government failed to provide sufficient evidence to support the claims that he encouraged an illegal alien to reside in the United States.

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