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9.3 Alien-Harboring

Category:
Federal - Jury Instructions - 9th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-9THCIR-9-3-CR
Format:
Rich Text
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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

9.3 Alien-Harboring is a legal concept that refers to an individual or organization providing shelter or harboring a non-citizen who is in the United States without authorization from the U.S. government. This type of harboring is typically done in an effort to protect the non-citizen and/or to prevent their removal from the United States. There are two primary types of alien-harboring: knowing harboring and reckless harboring. Knowing harboring occurs when an individual or organization is aware that the non-citizen is in the United States without authorization and still provides shelter or assistance to the non-citizen. Reckless harboring occurs when an individual or organization provides shelter or assistance to a non-citizen without taking reasonable steps to determine whether the non-citizen is in the United States legally. Both knowing and reckless harboring of a non-citizen in the United States without authorization is a federal crime and can result in criminal penalties.

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FAQ

Ing to INA section 212(a)(6)(E), alien smuggling is when a person knowingly ?encouraged, induced, assisted, abetted or aided? another person ?to enter or try to enter the United States? in violation of law.

Alien, in national and international law, a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country.

An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.

Any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be

A series of classifications exist to describe aliens and their relationships to the United States. In the past the government used the terms "resident alien" and "non-resident alien," but the government has replaced these terms with "immigrant" and "non-immigrant." Some aliens also receive "refugee" or "asylee" status.

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection

Section 1072 makes it an offense to willfully harbor or conceal a prisoner after his escape from the custody of the Attorney General or from a Federal penal or correctional institution. An offender is subject to a maximum term of imprisonment of three years, and a fine under Title 18.

9.3 Alien-Harboring Related Searches

  • first time alien smuggling
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  • 8 u.s.c. 1324 alien smuggling
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  • 8 usc 1324(a)(1)(a)(v)(i)
  • 8 usc 1324(a)(1)(a)(ii)
  • 8 u.s.c. 1325

More info

3d 1171, 1176 (9th Cir. 2010). Bringing in and harboring certain aliens.(a) Criminal penalties. To fight the problem of illegal immigration, Congress has established this comprehensive anti-human smuggling law. Saipan is the largest island in the Northern Mariana Islands. It is about 120 mi (190 km) north of Guam and 5 nautical miles (9. El Paso hotel owner sentenced to 15 years for smuggling and harboring illegal aliens.

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