A person who has ever lived in the United States as an illegal immigrant may have his or her current or former illegal immigration status used against him or her to show that the individual has committed a crime.
In United States v. Lopez-Medina, 596 F. 3d 716 (10th Cir. 2010), the Tenth Circuit affirmed a conviction for possession of methamphetamine with intent to distribute, holding there was no abuse of discretion when the government elicited on cross-examination of the defendant that he had lived illegally in the United States for over 13 years. The evidence of being a current or former illegal immigrant was relevant to rebut efforts on direct examination to portray the defendant as a law-abiding person who has never committed a crime.
GREGORY CHANDLER, Attorney at Law
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