United States Ninth Circuit

Conviction for being "found in" the U.S. following deportation, in violation of 8 U.S.C. section 1326 is affirmed where: 1) defendant's unlawful presence in the U.S. was not affected by his relatively brief physical presence in Canada because he was never "legally in" Canada; and 2) defendant was not under official restraint when he was arrested by U.S. immigration agents because, having been denied legal entry into Canada, he was not entering the U.S. from a foreign country.

Appellate Information

• Argued 11/05/2010
• Decided 01/24/2011
• Published 01/24/2011

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel