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Criminal Law Keyed to Ohlin
Rehaif v. United States
Citation:
139 S. Ct. 2191, 204 L. Ed. 2d 594 (2019)Facts
Hamid Rehaif entered the United States on a nonimmigrant student visa to attend university. After receiving poor grades, the university dismissed him and informed him that his immigration status would be terminated unless he transferred to a different university or left the country. Rehaif did neither. Subsequently, Rehaif visited a firing range where he shot two firearms. When the government learned about this, they prosecuted him for possessing firearms as an alien unlawfully in the United States. At trial, the judge instructed the jury that the government was not required to prove that Rehaif knew he was illegally or unlawfully in the United States. The jury found Rehaif guilty, and he was sentenced to 18 months’ imprisonment. Rehaif appealed, arguing that the jury instruction was erroneous because the government should have been required to prove he knew of his unlawful status.
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