US v. Bravo-Muzquiz
No. 03-50505 (6-16-05). Defendant was an illegal alien who was challenging his removal in immigration court. he got released on an immigration bond. Being a fan of the Constitution, and especially the Second Amendment, the defendant sought to be a true American and arm himself. In so doing, he ran afoul of the gun laws that prohibit illegal aliens from possessing guns. On appeal defendant argues that his release on bond, and his litigation, removes the status of being illegal for this charge. "Nope," rules the 9th. The defendant's status was illegal to start with, the statute is clear, and policy reasons make it clear that Congress wouldn't want aliens arming themselves at the moment they may be asked to leave.