United States v. Xian Long Yao

MEMORANDUM *

Defendant-Appellant Xian Long Yao appeals his conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). Two years after Defendant was removed to China, he illegally reentered Guam, via Saipan.

Defendant sought to present a defense of necessity, stating that he fled China due to a fear of persecution by the Chinese government for violating its one-child policy. The district court refused to allow the defense, and we affirm. Before being allowed to present a necessity defense, the defendant bears the burden of submitting evidence permitting a conclusion…