United States v. Jorge Francisco Lagarda-Aguilar

The United States sought unsuccessfully in the district court to convict the alien appellee, Lagarda-Aguilar, of illegal entry after deportation in violation of 8 U.S.C. § 1326 (1976). The district court dismissed the indictment because, prior to the institution of these proceedings, the alien had been permitted to enter this country on parole, and there had never been any written notice of termination of parole as required by applicable regulations. 8 C.F.R. § 212.5 (b) (1979). The government appeals, and we affirm the district court.

It is undisputed that appellee was deported in 1977. It is also undisputed that he subsequently reentered this country in 1978 from Mexico upon parole in accordance with 8 U.S.C. § 1182 (d)(5) (1976), and that later in 1978 he was escorted to the Mexican border by government agents. He was never furnished written notice of termination of the parole, however, nor is there any indication in the record that he was ever advised, either orally or in writing, that the parole was to terminate automatically on a given date. Indeed, there is no record of any formal termination of the parole status.

We agree with appellant that if the parole was never…