Thread: Court rules it is not a crime to smuggle illegal aliens OUT

http://www.virginislandsdailynews.com/i ... d=17638182

Court rules men attempting to smuggle woman out of U.S. can't be charged with harboring aliens

By CORLISS SMITHEN
Monday, August 3rd 2009



ST. THOMAS - The 3rd U.S. Circuit Court of Appeals recently ruled that the actions of two men from the Dominican Republic who attempted to smuggle four undocumented women out of the United States through King Airport almost two years ago could not be constituted as unlawfully shielding illegal aliens from detection.

The ruling comes 18 months after a jury convicted Dajer Cuevas-Reyes, 46, and Eliud Gomez-Garcia, 36, of a single count of harboring illegal immigrants, following a three-day trial in federal court. They were both sentenced to 10 months in prison and three years of supervised release.

Defense attorney Darren John-Baptiste filed a motion on behalf Cuevas-Reyes, appealing the jury's verdict.

John-Baptiste argued that his client could not be found guilty of shielding or protecting illegal immigrants because he was actually taking them out of the country.

On July 10, the appeals court issued an opinion and judgment reversing the jury's verdict and vacating his conviction.

For a conviction of harboring illegal immigrants to stand, it must be proven that the alien entered or remained in the U.S. in violation of the law; that the defendant concealed, harbored or sheltered the alien in the U.S.; that the defendant knew, or recklessly disregarded the fact that the alien entered or remained in the U.S. in violation of the law; and that the defendant's conduct facilitated the alien remaining in the U.S.

"There is no evidence from which a reasonable juror could infer that Cuevas-Reyes' actions constituted substantial facilitation of the women remaining in the U.S. illegally. We note that Cuevas-Reyes' actions were undertaken for the purpose of removing the women from the United States rather than helping them remain here," the court opinion states.

More than two weeks later, on July 27, the U.S. Attorney General's office filed a brief with the court stating that as a result of the appeals court's July 10 ruling, there is no evidence of record that can sustain Gomez-Garcia's convictions and ordered that it be overturned.

Cuevas-Reyes and Gomez-Garcia were both arrested on Nov. 20 just before they were to take off in a small plane with four Dominicano women who were in the territory illegally.

During an enforcement operation conducted by U.S. Customs and Border Protection agency which focussed on private aircraft leaving King Airport, officers spotted a small twin-engine aircraft already on the runway. They realized that the pilot had not filed a manifest and had not been cleared for departure.

The plane was called back for inspection. Officers boarded and met the pilot, Gomez-Garcia, Cuevas-Reyes and the four women. The women, who were not charged with any crimes, testified at the men's trial that they were using the services of the two men to get back to their home country without going through an inspection point.

The women said people on St. Thomas referred them to Cuevas-Reyes, whom they called Danny, as someone who could take them out of the country without going through official exit points. Each woman said she contacted Cuevas-Reyes independently and was not aware of the others. They paid different amounts for the trip - between $600 and $1,500.

At the time of the incident, both men lived in the U.S. legally.

Since serving his prison time, Cuevas-Reyes was deported from the territory. He is currently petitioning immigration authorities to have his legal status reinstated, according to John-Baptiste.

Well Hot Damn, I'm open for business. I'll transport all the illegal aliens that want to leave for cheep!!!!!!!!!!

Anyone else want in on this business venture?

Seriously, now all of the traffickers ridding around with a trucklaod of illegal alies (97 in a refrigerated trailer comes to mind) are going to say they are headed to Mexico and got lost.

Dixie

What if they are wanted by Authorities somewhere? Shouldnt crossing the border be some kind of flag for them...?

TBow

I think they may be unindicted prostitutes who did not want to trigger ten year exclusion despite overstaying visitors visas.