When the FBI Comes Calling…®
HUMAN TRAFFICKING AND SMUGGLING (continued)
Human Smuggling (continued)
Case Law Interpreting Section 1324
As a preliminary concern, it is important to note that section 1324 applies extraterritorially. In Claramont v. United States, 26 F.2d 797 (5th Cir. 1928), the defendant committed all his unlawful acts while he was "not physically present in the United States." Claramont at 797. The court in that case ruled that the statute applied to him nonetheless. Id. See also United States v. Villanueva, 408 F.3d 193 (5th Cir. 2005); United States v. Delgado-Garcia, 374 F.3d 1337 (D.C. Cir. 2004); United States v. Best, 304 F.3d 308 (3d Cir. 2002).
United States v. Gonzalez-Torres, 309 F.3d 594 (9th Cir. 2002). The defendant in this case was observed leading "a group of suspected aliens [which] enter[ed] the United States from the Mexican border." Gonzalez-Torres at 597. Mr. Torres was seen "making hand gestures and telling the others when to sit and where to walk." Id. The group was apprehended, and Mr. Torres was charged with, among other things, a violation of section 1324(a)(2)(B)(iii). The Ninth Circuit noted that "[s]muggling aliens to the United States does not require entry" into the United States on the part of the person leading individuals into the United States. Id. at 599.
United States v. Assadi, 223 F. Supp. 2d 208 (D. D.C. 2002)
The defendant in this case was charged under section 1324(a)(2) for bringing or attempting to bring aliens to the United States illegally and for financial gain, as well as under section 1324(a)(1)(A) for encouraging or inducing aliens to enter the United States illegally. Assadi at 209. He filed a motion to dismiss the section 1324(a)(2) counts because he did not accompany any of the immigrants on their flights from Ecuador, Colombia, and Venezuela. Id. The court agreed to dismiss those charges because, while his actions amounted to "encouraging" for purposes of section 1324(a)(1), it did not amount to "bringing" for purposes of section 1324(a)(2). Id. at 210. In determining this, the court consulted Webster's Third International Dictionary 278 (1976), which defines "bring" as "to convey, lead, carry or cause to come along from one place to another …, [or] accompany." Id. "It does not mean 'send' or 'launch.'" Id.