Updated
Updated · Fox News · Oct 15
Sotomayor, Gorsuch Question 2nd Prosecution of Mexican Immigrant as Court Rejects Appeal
Updated
Updated · Fox News · Oct 15

Sotomayor, Gorsuch Question 2nd Prosecution of Mexican Immigrant as Court Rejects Appeal

2 articles · Updated · Fox News · Oct 15

Summary

  • A joint statement from Justices Sonia Sotomayor and Neil Gorsuch said the government may have violated double-jeopardy protections by prosecuting Jesus Herrera-Salazar twice for being unlawfully found in the United States.
  • Herrera-Salazar, a Mexican national, served time after a 2020 conviction, then was barred by supervised-release terms from leaving Oklahoma before police found him there again and triggered a second federal charge.
  • Sotomayor called that setup a “constitutional absurdity,” arguing the government punished him for remaining in the country while also preventing him from leaving; Gorsuch joined her warning that one continuous offense cannot be split into multiple prosecutions.
  • The Supreme Court still declined to hear the case after the 10th Circuit upheld the second conviction, with Sotomayor noting Herrera-Salazar has already been removed and urging lower courts to avoid similar outcomes.

Insights

Can the government legally trap a person in a cycle of endless prosecutions for a single continuous offense?
How does a court restriction inadvertently create a constitutional loophole that punishes individuals for simply existing in a location?