Please Don’t Feed the Elephant

If I were a Republican congressman agitating to split the Ninth Circuit, I would phone Judges Raymond Fisher and Betty Fletcher immediately and extend my warmest thanks for Wednesday’s immigration decision, United States v. Lombera-Valdovinos, 05 C.D.O.S. 10058. The judges ruled that the defendant, who had been deported several times previously, should not have been convicted for illegal re-entry because he had approached a border patrol agent and asked to be put in jail. Regardless of the legal merits of that argument, the decision will sound ridiculous to average citizens, and for good measure it pushes one of the hottest political buttons in the country right now. This could be the straw that splits the circuit’s back.

— Scott Graham


2 Responses to “Please Don’t Feed the Elephant”

  1. Eh Nonymous Says:


    I don’t think so.

    It was a criminal charge involving a mental state, “intent to enter the country [free of official restraint]”. He wasn’t guilty of it. Does he go free? No, he doesn’t. But he’s not guilty of that particular federal crime.

  2. Scott Graham Says:

    You’re right. I’ve tweaked that sentence in the original post.

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