Sotomayor, Gorsuch blast illegal immigrant's prosecution as 'constitutional absurdity'

Liberal Supreme Court Justice Sonia Sotomayor and conservative Justice Neil Gorsuch united Tuesday in criticizing what they described as “serious constitutional problems” in the prosecution of a Mexican man convicted twice of illegally re-entering the United States.

The Supreme Court declined to hear Jesus Herrera-Salazar’s appeal, partly because he has already been deported. Still, Sotomayor and Gorsuch said they “hope the facts of this case are anomalous,” signaling deep concern about how the case was handled.

Herrera-Salazar was first arrested in 2020 and pleaded guilty to illegally returning to the US after removal. He served part of a prison sentence before being released under supervision.

Although he was required to remain in the United States, Herrera-Salazar was arrested during a traffic stop in Oklahoma. He was then indicted and convicted for the same offense.

“Should circumstances like these arise again, I encourage courts to avoid the constitutional absurdity that occurred here and give the Double Jeopardy Clause its full weight and meaning,” Sotomayor wrote in a brief opinion joined by Gorsuch. She said the circumstances placed Herrera-Salazar in a “Hobson’s choice.”

“In the Government’s eyes, whether Herrera-Salazar remained in the Eastern District of Oklahoma or left the United States [after his first release from prison], he would be breaking the law,” the justices wrote. “While Herrera-Salazar was caught in this bind, the Government prosecuted and punished him yet again for being ‘found in’ the United States, even though all agree he was forbidden to leave the United States.”

Court records show that Herrera-Salazar completed both sentences and was deported to Mexico in 2024.

His lawyers argued that the second case violated the Fifth Amendment’s protection against being tried twice for the same offense.

The Denver-based 10th US Circuit Court of Appeals rejected that claim, ruling that the two convictions were for separate offenses.

Sotomayor and Gorsuch challenged that conclusion, cautioning that the government should not be permitted to prosecute a person twice for the same ongoing criminal conduct.

“[O]ur precedents and the logic of the Double Jeopardy Clause,” the justices wrote, “strongly suggest that the Government is barred from charging that defendant with the same continuous crime for a second time simply by focusing on a different time marker.”

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Suspect Cleared in 2023 Murder Case Now Accused of Killing Cop

A Philadelphia man acquitted of murder in 2023 after prosecutors failed to…

Ex-boyfriend admits killing woman and keeping her severed head

A New York man has confessed to killing his former girlfriend, cutting…

Sarah Vine: Kemi Badenoch Proved Her Sneering Critics Wrong

Women know the familiar scene: you make a point in a room…

Star’s Suicide at 34 Prompts Hollywood Soul-Searching

Born with cerebral palsy, RJ Mitte grew up wearing leg braces and…

Tennis Star Denies Ball Girl Shove, Faces Ball Boy Abuse Claims

Rafael Jodar has found himself at the centre of another on-court controversy…

Tropical Storm Strands Dozens of Runners in Western Desert

About 70 runners and volunteers were left stranded in the Utah desert…

Selma Blair’s On-Off Boyfriend Says She Needs Help in Desperate Plea

Andy Kiernan, Selma Blair’s on-again, off-again boyfriend, has urged his followers to…

Burbank Hollywood Airport Opens New $1 Billion Terminal

Burbank’s airport has officially moved up in the world. Burbank is taking…

Jess Rowe Rages Over Sam Armytage’s Podcast in Inside Mail

Sam Armytage has ignited a fresh dispute in Australia’s celebrity podcast scene,…

Legal Memo on Black NFL Coach Used Racial Stereotypes, Lawyers Say

A recruiting memo prepared for the Las Vegas Raiders described Minnesota Vikings…

Putin Defies Trump’s Energy Ceasefire Call With Fresh Attacks

Heavy overnight Russian strikes killed at least six people in Ukraine and…

House Democrat Introduces Bill to Abolish DHS After Ilhan Omar Raid, NYC ICE Shooting

WASHINGTON — Rep. Delia Ramirez, a progressive House Democrat, is calling for…