Monday, May 02, 2011

U.S. v. Li, No. 10-10079 (5-2-11) (Tashima with W. Fletcher and Berzon). No man is an island, entire of himself. And yet, when defendant tried to go from the Commonwealth of the Northern Mariana Islands to the Territory of Guam by boat, across international waters, they were charged with attempted entry at a time and place not designated by immigration officers under 8 USC 1325(a)(1). Only one problem: it was not a crime. The Commonwealth is considered part of the United States under 1325, and traveling across international waters from one part of the U.S. to another does not count as entry. Moreover, Congress does not appear to have sanctioned criminal charges for those who travel between the Commonwealth and Guam. The conviction is reversed.


Post a Comment

<< Home