United States v. Orona-Ibarra

by
Orona‐Ibarra, a citizen of Mexico, was removed from the United States following a 2007 Illinois drug conviction. He reentered the U.S., in violation of 8 U.S.C. 1326. He was arrested on unrelated charges in Texas and was “found” by immigration officials while in custody in Texas. He was transferred from Texas to the Central District of Illinois. A person violates section 1326 in any location in the United States where she is “found.” Venue in such cases is proper wherever in the United States the violation may occur or where the accused person “may be apprehended,” 8 U.S.C. 1329. Illegal re‐entry is a “continuing offense” that is committed from the moment the defendant reenters the country until federal immigration agents gain actual (not just constructive) knowledge of her presence, her identity, and her unlawful immigration status. The Seventh Circuit reversed the district court’s denial of Orona‐Ibarra’s motion to dismiss for improper venue. Orona‐Ibarra did not commit any element of the crime in Illinois: he did not reenter the country in Illinois, he was not “found” in Illinois, and he was not “apprehended” in Illinois. View "United States v. Orona-Ibarra" on Justia Law