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United Statesv.Chinchilla

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.19-10987
DecidedFebruary 11, 2021
Reporter987 F.3d 1303 (11th Cir. 2021)
JudgesCircuit Judges Wilson, Lagoa, and Hull
Tags
CriminalCriminal LawCriminal ProcedureStatutory InterpretationFederal JurisdictionReversalRemand
Case Summary

A federal grand jury charged Ruberman Ardon Chinchilla with using a fraudulent order of supervision to obtain a driver’s license. The district court dismissed the indictment, concluding that an immigration order of supervision was not a document covered by the federal identity-document statute. The Eleventh Circuit reversed. It held that an order of supervision is an “other document” prescribed by federal regulation as evidence of authorized stay in the United States. The form permits an unlawfully present person to remain in the community, may authorize employment, and is identified by other regulations as evidence of lawful presence or residence under color of law. Those features brought the order within the statute’s text. The court therefore reversed the dismissal of the superseding indictment and remanded for further proceedings.

Opinion

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