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· 10/8/1999

United States v. Myung Ho Kim, Also Known as Roberto

Citations

  • 193 F.3d 567
  • 1999 U.S. App. LEXIS 25054

How courts have described this case

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

  • finding sufficient evidence to support conviction for harboring where the defendant took steps designed to help the illegal alien employee remain undetected
  • explaining that when “the Commission states its intent in making the change . . . , the Commission’s characterization of the alteration as a clarification, rather than a change in substance, is accorded considerable deference”
  • analyzing Congress’s intent in the absence of a statement indicating whether an amendment is a substantive change or clarification
  • Defendant instructed his alien employees to file false documents with the INS after their names appeared on list of aliens who lacked proper work authorization.
  • “The phrases ‘commercial advantage’ and ‘financial gain’ are not defined in the statute or the Application Notes, but their meanings are hardly arcane.”
  • employer who required his illegal alien employee to obtain false documentation in order to mislead the INS and gave him detailed instructions regarding how to report falsely that he had been terminated from his job was guilty of substantial facilitation

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Miner, Pooler

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.