DISMISSED

United States v. J.R.V.

On June 1, 2024, our client was arrested at a border inspection checkpoint for allegedly smuggling an alien. The client maintained his innocence claiming he did not know the person was an illegal alien. The client demanded a probable cause hearing. At the hearing, the Border Patrol Agent assigned to the prosecution division testified that the field agent stated that he saw a male driver and a passenger in the front seats and a backseat passenger that was asleep. The field agent claimed that it was suspicious that the person in the backseat was asleep, so he woke her up, and he asked her for her immigration status. It was determined that she was in the country illegally. The Prosecution Agent further testified that the client changed his story when being interviewed by the field agent. However, during cross examination, the Prosecuting Agent admitted that the only articulable facts that were listed in the report were that the client was present at the scene of the crime; the client’s relationship to the driver; and the fact that the alien was present illegally in the United States. Javier Guzman argued that none of those articulable facts demonstrated that the client had any knowledge of the alien being present illegally. On July 1, 2024, the Government moved to dismiss the case without prejudice.