United States Ninth Circuit

Under 8 USC 1326, brief time that Border Patrol agents could not see an alien crossing the border qualifies as "freedom from official restraint" for illegal entry even if agents had the alien under constant surveillance both before and after the crossing.

Appellate Information

• Argued 11/07/2001
• Decided 12/04/2001
• Published 12/04/2001

Judges

• THOMAS, Circuit Judge:, Before:  GOODWIN, WALLACE and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jami L. Ferrara, San Diego, California, for the defendant-appellant., Patrick K. O'Toole, United States Attorney, Brian M. Pearce, Assistant U.S. Attorney, San Diego, California, for the plaintiff-appellee.