Thursday, February 9th, 2017

Proving Alienage: U.S. v. Terraza-Palma

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"The weight of Ninth Circuit authority supports the conclusion that a finding of alienage, as noted in a defendant's warrant of removal, is inadmissible hearsay that may not be used to prove the alienage element of a § 1326 offense.  Accordingly, Defendant's motion to exclude immigration documents is GRANTED, insofar as it seeks to preclude the government from proving alienage via the warrant of removal." - U.S. v. Terraza-Palma, Sept. 11, 2012.