A brief recitation of the IMPORTANT FACTS

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A brief recitation of the IMPORTANT FACTS

Case: U.S. V. Delgado-Garcia, 374 F.3d 1337

 

1. A brief recitation of the IMPORTANT FACTS.

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2. Identification of the issue in the case

 

3. Identification of the rule of law the court applied in the case.

 

4. Do you agree with the court or do you disagree? Courts are not always correct and reasonable minds may differ. Also, a case may be very old and not relevant today, so an updated may be necessary.

 

5. The defendants conspired to transport 191 Ecuadorian nationals into the United States illegally aboard a 54-foot fishing vessel. A U.S. Navy helicopter sighted the overcrowded vessel off the Guatemalan coast and saw that it had no lights and flew no flag. A Coast Guard detachment found the passengers with little food or water, and the defendants had left the vessel. The defendants were indicted in the United States for conspiracy to induce aliens to illegally enter the United States, and attempting to bring unauthorized aliens to the United States. (8 U.S.C. § 1324). The statute does not mention jurisdiction. The defendants argued that the statute did not apply extraterritorially. Does it? Why or why not? Do you think the “Bowman Exception” applies in this case as described in U.S. v. Campbell, earlier in the chapter? Why or why not? The terrorist attacks of September 11, 2001, were planned overseas. Where are immigration offenses planned? How is that relevant to your legal analysis? Explain. U.S. v. Delgado-Garcia, 374 F.3d 1337 (D.C.Cir. 2004).

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