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By Shari Allison

U.S. v. Gaspar-Miguel, 947 F.3d 632, 19-2020, 2:18-PO-2441 RB-GBW (Jan. 16, 2020) (D. N.M.)Petrona Gaspar-Miguel, a citizen of Guatemala, crossed the border on foot with a group of other migrants. A Border Patrol agent watched the group through binoculars from the time they crossed until they were apprehended. Ms. Gaspar was charged illegal entry without inspection, in violation of 8 U.S.C. § 1325(a)(1).The matter proceeded to a bench trial before a magistrate judge. At the close of the evidence, Ms. Gaspar moved for a judgment of acquittal based on the official restraint doctrine, arguing the government had failed to prove her guilty of entry without inspection because she was under continuous surveillance and never free to roam about the United States...continue to full post

Full post as published by Tenth Circuit Blog on June 16, 2020 (boomark / email).