9th Circuit Reverses Ruling That Criminalizing Illegal Immigrant Reentry Is Racist
By Brittany Sheehan | 5:45 PM on May 22, 2023
Townhall Media/Katie Pavlich
On Monday, the United States 9th Circuit Court of Appeals ruled in favor of the US Government, reversing a Nevada federal judge’s determination that criminalization of reentry after deportation was based on racist animus against Latinos. If the ruling held, the ability to prosecute for illegal reentry after removal from the US would be revoked in the 10 states subject to the 9th Circuit jurisdiction, including California, Nevada, and Arizona. The appeal was argued in Pasadena, CA, in December of 2022.
In 2021, Judge Miranda Du dismissed charges against Gustavo Carrillo-Lopez because the law violated the 5th Amendment, and was racist in origin. The charges initially brought against Carrillo-Lopez are described below:
Carrillo-Lopez is a citizen of Mexico. He was removed from the United States twice, once in 1999 and once in 2012. Before his removal in 2012, he was convicted of felony drug possession and misdemeanor infliction of corporal injury on a spouse. On some date after 2012, he reentered the United States. On June 13, 2019, a search of his residence uncovered two firearms and plastic bags containing methamphetamine, cocaine, and heroin. Carrillo-Lopez was arrested and subsequently pleaded guilty to a single count of trafficking a controlled substance. On June 25, 2020, he was indicted for illegal reentry following prior removal, in violation of 8 U.S.C. § 1326(a), and subject to enhanced penalties under § 1326(b) due to his prior convictions.
https://redstate.com/brutalbrittany/2023/05/22/9th-circuit-reverses-ruling-that-criminalizing-illegal-immigrant-reentry-is-racist-n749959
