Tuesday, December 21, 2021

National Immigration Project Explainer on United States v. Carillo Lopez

The National Immigration Project of the National Lawyers Guild has published an informative advisory on the recent decision in United States v. Carillo-Lopez by Judge Miranda Du of the District of Nevada. As we have posted previously, in Carillo-Lopez the court granted a motion to dismiss an unlawful reentry prosecution (under Section 1326) on the ground that the law is unconstitutional because it has a disparate impact and was passed with a racist intent. This advisory is a helpful update and an excellent teaching tool about the equal protection challenges being brought throughout the country by persons charged with violating Sections 1325 and 1326 of Title 8 of the U.S. Code.



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