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9.4 Alien—Encouraging Illegal Entry

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9.4 ALIENENCOURAGING ILLEGAL ENTRY
(8 U.S.C. § 1324(a)(1)(A)(iv))

 

Comment

In United States v. Sineneng-Smith, 910 F.3d 461, 485 (9th Cir. 2018), the Ninth Circuit held that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad in violation of the First Amendment. The Committee has therefore withdrawn the previously adopted and published jury instruction for this offense. 

 

 

 

 

Approved 4/2019