United States of America v. Sergio Bernardo Avelino-Larios

Las Cruces, New New Mexico criminal defense lawyer represented the Defendant charged with illegal entry without inspection.



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8 U.S.C. 1325, also known as the "Improper Entry by Alien" law, makes it a crime for an alien to enter or attempt to enter the United States at a time or place not designated by immigration officers. It also covers eluding inspection by immigration officials or entering using false or misleading statements. First offenses are generally misdemeanors with penalties of fines or imprisonment up to six months, while subsequent offenses can be felonies with penalties up to two years imprisonment.



Specifically, 8 U.S.C. 1325 covers:



Entering or attempting to enter the United States at a time or place not designated by immigration officials: This includes crossing the border outside of designated ports of entry.



Eluding examination or inspection by immigration officers: This includes attempting to avoid official scrutiny when entering the country.



Entering or attempting to enter the United States using false or misleading representations or concealment of material facts: This includes providing false information during the entry process.



The law also addresses the act of entering into marriage or establishing a commercial enterprise for the purpose of evading immigration laws.



Penalties under 8 U.S.C. 1325:



First offense: Misdemeanor, punishable by a fine and/or imprisonment of up to six months.

Subsequent offense: Felony, punishable by a fine and/or imprisonment of up to two years

The Defendant was sentenced to 10 days in custody.