United States Ninth Circuit

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US v. Sineneng-Smith, 15-10614

Invalidated a federal immigration statute as unconstitutionally overbroad after determining that it criminalizes a substantial amount of speech protected by the First Amendment. The statute in question makes it a felony to encourage and induce an alien to remain in the U.S. for the purposes of financial gain (8 U.S.C. section 1324(a)(1)(A)). Held that the words "encouraging" and "inducing" encompass speech. Reversed the conviction of a woman who operated an immigration consulting firm.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/12/04

Judges

  • Tashima

Court

  • United States Ninth Circuit

Counsel


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