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Keywords

attorneymotiondeportation
attorneymotiondeportation

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Zavala-Mendez; U.S. v.

Facts

Zavala-Mendez was a passenger in a car that crossed into Alaska on the Alaska Highway from the Yukon Territory on a January night. He had no right to enter the United States, because he had been deported and the Attorney General had not given him permission to reenter. At the border station, Zavala-Mendez lied and said he had a green card but gave his true name, which showed he had been deported. He was detained and taken to Anchorage for fingerprinting, which confirmed his identity. He was convicted of being 'found in' the United States after having previously been deported.

Zavala-Mendez was a passenger in a car that crossed into Alaska on the Alaska Highway from the Yukon Territory on a January night. He had no right to enter the United States, because he had been deported and the Attorney General had not given him permission to reenter. At the border station, Zavala-Mendez lied and said he had a green card but gave his true name, which showed he had been deported. He was detained and taken to Anchorage for fingerprinting, which confirmed his identity. He was convicted of being 'found in' the United States after having previously been deported.

Issue

Whether Zavala-Mendez could be convicted of being 'found in' the United States when he presented himself at the border station after crossing the border.

Whether Zavala-Mendez could be convicted of being 'found in' the United States when he presented himself at the border station after crossing the border.

Rule

Federal law makes it a crime for 'any alien who–(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States.'

Federal law makes it a crime for 'any alien who–(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States.'

Analysis

The court analyzed whether Zavala-Mendez was 'found in' the United States by considering the circumstances of his entry. The court noted that he had crossed the border at a designated location and proceeded directly to the border station, where he presented himself to the authorities. The court distinguished his case from those of individuals who sneak into the country, concluding that because he followed the designated path and was not free of official restraint, he could not be considered 'found in' the United States.

The court analyzed whether Zavala-Mendez was 'found in' the United States by considering the circumstances of his entry. The court noted that he had crossed the border at a designated location and proceeded directly to the border station, where he presented himself to the authorities. The court distinguished his case from those of individuals who sneak into the country, concluding that because he followed the designated path and was not free of official restraint, he could not be considered 'found in' the United States.

Conclusion

The court reversed the judgment of conviction, holding that Zavala-Mendez was entitled to have his motion for a judgment of acquittal granted and his conviction vacated.

The court reversed the judgment of conviction, holding that Zavala-Mendez was entitled to have his motion for a judgment of acquittal granted and his conviction vacated.

Who won?

Zavala-Mendez prevailed in the case because the court found that he was not 'found in' the United States as he had presented himself at the border station in the manner designated by the government.

Zavala-Mendez prevailed in the case because the court found that he was not 'found in' the United States as he had presented himself at the border station in the manner designated by the government.

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