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· 8/9/2007

United States v. Are

Citations

  • 498 F.3d 460
  • 2007 U.S. App. LEXIS 18841
  • 2007 WL 2265118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • musing that limitations period might begin only once noncitizen is caught or turns himself in
  • noting that the prohibited conduct of reentry “continues to the time when [the defendant] is arrested for the offense”
  • explaining that violation of 8 U.S.C. § 1326(a) commences at time of reentry and continues until arrest
  • describing “found” as to require discovery of the alien’s identity and illegal status
  • statute of limitations begins to run when immigration officials obtain actual knowledge of section 1326 violation
  • “The ‘found in’ variation of the § 1326(a)(2) crime is a continuing offense. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Evans, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.