United States v. Buluc

The Fifth Circuit affirmed defendant's conviction for taking action that was designed to prevent or hamper his removal from the United States, in violation of 8 U.S.C. 1253(a)(1)(C). The court held that the relevant statutory phrase, "connives or conspires, or takes any other action," contains none of the contextual fuses that trigger the statutory canons of construction ejusdem generis and noscitur a sociis. Rather, the court held that the phrase's structure conveys that "takes any other action" has independent meaning, which easily encompasses defendant's solo efforts to thwart his removal. The court also held that an officer's testimony that airline personnel denied defendant boarding did not implicate the Confrontation Clause, and, even if it did, any error was harmless. View "United States v. Buluc" on Justia Law