Rehaif v. United States

139 S.Ct. 2191 (2019)

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Nature of the Case

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Facts

D entered the United States on a nonimmigrant student visa to attend university. D received poor grades. The university dismissed him and told him that his “‘immigration status’” would be terminated unless he transferred to a different university or left the country. D subsequently visited a firing range, where he shot two firearms. P prosecuted him for possessing firearms as an alien unlawfully in the United States, in violation of §922(g) and §924(a)(2). the judge instructed the jury (over D’s objection) that the “United States is not required to prove” that D “knew that he was illegally or unlawfully in the United States.” D was convicted and sentenced to 18 months’ imprisonment. On appeal, D argued that the judge erred in instructing the jury that it did not need to find that he knew he was in the country unlawfully. The Eleventh Circuit concluded that the jury instruction was correct, and affirmed. The Supreme Court granted certiorari.