United States v. Orona-Ibarra

WOOD, Chief Judge.

It is a crime for a noncitizen who has previously been removed to reenter the United States without the permission of the Attorney General. 8 U.S.C. § 1326(a). A person commits this crime in any location in the United States where she is “found.” Id. § 1326(a)(2). Another statute provides that venue in these cases is proper wherever in the United States the violation may occur or where the accused person “may be apprehended.” 8 U.S.C. § 1329.

Illegal re-entry is a “continuing offense” that is committed from the moment the defendant reenters the country until federal…