Legal Opinion

Whether Eluding Inspection Under 8 U.S.C. § 1325(a)(2) Is a Continuing Offense

Department of Justice Office of Legal Counsel

Decided June 21, 2025Published

1Opinion of the Court

(Slip Opinion) Whether Eluding Inspection Under 8 U.S.C. § 1325(a)(2) Is a Continuing Offense Eluding inspection under 8 U.S.C. § 1325(a)(2) is a continuing offense. Our Office’s prior prudential advice that section 1325(a)(2) should be charged only in the district of entry is withdrawn. June 21, 2025 MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL Congress has long prohibited aliens, under pain of criminal sanction, from eluding examination by immigration officers. See Immigration and Nationality Act of 1952,

Pub. L. No. 82-414, § 275, 66 Stat. 163, 229 (codified as amended at 8 U.S.C. §…

2Cases cited37 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. United States v. DavisSupreme Court of the United States · 2019
  3. United States v. BaileySupreme Court of the United States · 1980
  4. Clark v. MartinezSupreme Court of the United States · 2005
  5. Toussie v. United StatesSupreme Court of the United States · 1970

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