United States of America v. David Antonio Molina-Mendoza

Billings, Montana, criminal defense lawyer represented the Defendant charged with re-entry of a deported alien.<br>
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Any alien who—<br>
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(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter<br>
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,<br>
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shall be fined under title 18, or imprisoned not more than 2 years, or both.

The Defendant is presumed innocent.