Decision date: 2023-03-24

Holding that, for purposes of triggering a five year limitations period on prosecution, an illegal reentry offense under 8 U.S.C. § 1326(a) is only complete when the noncitizen is discovered in the United States by federal officials or state officials certified to perform the duties of a federal immigration official under 8 C.F.R. § 287(g). Separately, holding that a conviction for malicious wounding under Va. Code  § 18.2-51 is an aggravated felony for purposes of immigration proceedings.

Publication Status: Published

Case judge: Diaz, Wilkinson

Decision: United States v. Alas, 63 F.4th 269 (4th Cir. 2023)