Author Topic: Into the Breach: The Ninth Circuit Rides Again!  (Read 323 times)

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rangerrebew

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Into the Breach: The Ninth Circuit Rides Again!
« on: September 23, 2017, 11:41:20 am »
Into the Breach: The Ninth Circuit Rides Again!
 
By Dan Cadman on September 21, 2017

A few days ago, Politico published a piece by Josh Gerstein exposing the latest in novel legal theories from those jocose judicial jokesters at the Ninth Circuit Court of Appeals, one which had slipped my attention.

Last April 18, the circuit court heard oral arguments on appeal by an individual who was convicted of inducing several aliens to stay in the United States illegally. The provision of law used to convict was a portion of the same law that covers smuggling, transporting, and harboring or shielding illegal aliens from detection: 8 U.S.C. Section 1324. The particular clause at play prohibits "encourag[ing] or inducing an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law".

https://cis.org/Cadman/Breach-Ninth-Circuit-Rides-Again