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Gari: I-123 Immigration forms if Confrontation Clause error, harmless error

By Tim Cone

In U.S. v. Gari, No. 08-10014 (June 30, 2009), the Court affirmed certain Cuban alien-smuggling convictions, reversed others, and remanded for resentencing.The Court found sufficient evidence to convict the defendants of several counts of alien smuggling. However, as to one alien smuggling count, the evidence established that she had prior authorization to enter the United States through a designated port of entry. Accordingly, the convictions of the defendants for smuggling this alien (including the defendant who did not raise the issue on appeal) were set aside, as the statute required the government to prove that she entered without prior authorization.The defendants challenged the government?s reliance on the aliens? I-213 Forms as violative of the Confrontation Clause, because the defendants did not have an opportunity to cross- examine the aliens whose responses were recorded on these forms...continue to full post

Full post as published by Defense Newsletter Blog on July 02, 2009 (boomark / email).