9th Circuit rejects claim that illegal reentry law violated defendant’s right to equal protection
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A federal appeals court on Monday rejected a defendant’s claim that his Fifth Amendment equal protection rights were violated by a law making it a crime to reenter the United States after deportation.
The 9th U.S. Circuit Court of Appeals at San Francisco said the defendant, Mexican citizen Gustavo Carrillo-Lopez, did not meet his burden to prove that Congress enacted the law because of discriminatory animus against Mexicans or other Central and South Americans.
The 9th Circuit decision overturns a Nevada federal judge’s decision to dismiss Carrillo-Lopez’s indictment and his finding that the law was enacted with a discriminatory purpose.
Sirine Shebaya, executive director of the National Immigration Project, emailed a statement on the decision to the AP.
“We are deeply disappointed in the 9th Circuit’s decision to uphold Section 1326, a discriminatory law that continues to fuel the mass incarceration of Black and brown people, waste government resources and tear families apart,” Shebaya said.