§ 1326 for aliens illegally reentering or being found in the United States.
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Jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of a crime.]Īn alien is a person who is not a natural-born or naturalized citizen of the United States.īringing an alien to the United States does not require that the alien be free from official restraint as is required for offenses under 8 U.S.C. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward committing a crime. [Fourth, the defendant did something that was a substantial step toward committing the crime and that strongly corroborated the defendant’s intent to commit the crime. Third, the defendant acted with the intent to violate the United States immigration laws by assisting that person to enter the United States at a time or place other than as designated by a United States immigration official Second, the defendant knew that the person was an alien
In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:įirst, the defendant a person who was an alien to the United States at a place other than a designated port of entry or at a place other than as designated by a United States immigration official The defendant is charged in the indictment with an alien to the United States in violation of Section 1324(a)(1)(A)(i) of Title 8 of the United States Code.
9.1 ALIEN-BRINGING OR ATTEMPTING TO BRING TO THE UNITED STATES
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