U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

May 2017 Archives

Court Reverses Illegal Smuggling Conviction

A federal appeals court reversed the conviction of a man who smuggled a Pakistani man into the United States, then drove him to board a train to Canada with a fake British passport.

It was part of a scheme for the Pakistani to re-enter the United States (via the United Kingdom) and seek U.S. citizenship with the fake documents, but authorities arrested the men before they reached the Canadian border. Choudry Muhammad Khalil, the smuggler, was sentenced on multiple counts for his crimes.

But the U.S. Second Circuit Court of Appeals, in United States of America v. Khalil, reversed one count -- for transporting an alien to further an illegal presence in the United States -- because Khalil was driving the man to Canada.