Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Gun Conviction for Illegal Alien Affirmed; Pending Application Defense Rejected

By Shari Allison

US v. Ochoa-Colchado, No. 07-4023, 4/11/08 (published) - Defendant was convicted of unlawful entry in 1993 but remained in the country. The government finally initiated removal proceedings in 2002, in response to which the defendant applied for cancellation of removal and adjustment of status, which was pending at all relevant times. He was therefore allowed to remain in the US while his application was pending. He also applied for and got an Employment Authorization Document (EAD). Then he got arrested for DWI and a gun was found in his car. More were found in his house, pursuant to a valid search warrant. He was charged with unlawful possession of firearms by an illegal alien, in violation of 18 USC Sec. 922(g)(5)(A). He filed a motion to dismiss on the ground that his pending application, which allowed him to remain in the country while it was pending, meant that he was not illegally or unlawfully in the country...continue to full post

Full post as published by Tenth Circuit Blog on April 11, 2008 (boomark / email).