United States v. Venegas-Vasquez

376 F.Supp.3d 1094 (2019)

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Nature of the Case

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Facts

D is an alien citizen of Mexico. D unlawfully entered the United States as a child in 2001. D has applied for neither citizenship nor residence in the United States. D applied to USCIS under the DACA program. USCIS granted him that status. D got an employment authorization card, allowing him to work in the United States. Police officers responded to two calls over gunfire, one from D's neighbor, and another from D's wife. D was taken into custody. along with a loaded 9mm handgun and a loaded AK-47 style assault rifle. D was indicted for violating 18 U.S.C. § 922(g)(5). D contends that he was not illegally or unlawfully in the United States, and thus the indictment should be dismissed for failure to allege an element of the offense. D was given DACA status and also 'paroled' into the United States, pursuant to § 212(d)(5)(A) of the Immigration and Nationality Act. P contends that D does not have legal or lawful status in the United States and that is all that is required under that element of § 922(g)(5).