United States v. Vargas-Cordon
733 F.3d 366, 2013 U.S. App. LEXIS 16606, 2013 WL 4046274 (2013)
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Rule of Law:
To be convicted of "harboring" an unlawfully present alien under 8 U.S.C. § 1324(a)(l)(A)(iii), the government must prove that the defendant engaged in conduct intended not only to substantially facilitate the alien's continued illegal presence in the United States, but also to prevent the alien's detection by authorities.
Facts:
- In 2008, Miguel Angel Vargas-Cordon, a U.S. resident, began a sexual relationship with his fifteen-year-old niece, Jaire, in Guatemala.
- Vargas-Cordon paid a smuggler $6,000 to bring Jaire into the United States to live with him in New Jersey.
- In August 2009, U.S. Customs and Border Protection apprehended Jaire at the border and placed her in federal custody, eventually transferring her to a foster home in Crewe, Virginia.
- Vargas-Cordon remained in frequent phone contact with Jaire while she was in federal custody.
- On December 19, 2009, Vargas-Cordon drove to Virginia, knowing he was not permitted to take Jaire, and helped her sneak out of her foster home.
- Vargas-Cordon brought Jaire back to New Jersey, where they lived together and continued their sexual relationship.
- Vargas-Cordon then began taking Jaire with him to a renovation job in Brooklyn, New York, where they would stay during the week, returning to New Jersey on weekends.
- A coworker, alarmed by the relationship, contacted authorities, which led to the discovery of Jaire in the Brooklyn home.
Procedural Posture:
- A grand jury indicted Vargas-Cordon on three counts in the U.S. District Court for the Eastern District of New York.
- Vargas-Cordon pled not guilty and proceeded to a jury trial.
- During the trial's charge conference, Vargas-Cordon objected to the proposed jury instruction defining "harboring," arguing it should require an element of concealment; the district court overruled the objection.
- The jury returned a verdict of guilty on all three counts.
- Vargas-Cordon filed a motion for a judgment of acquittal, arguing the evidence was insufficient for the harboring conviction and challenging the jury instructions, which the district court denied.
- The district court sentenced Vargas-Cordon to 120 months' imprisonment.
- Vargas-Cordon (appellant) appealed the judgment to the United States Court of Appeals for the Second Circuit.
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Issue:
Does the term "harbor" under 8 U.S.C. § 1324(a)(l)(A)(iii) require proof that the defendant acted with the intent to prevent the alien's detection by authorities, in addition to merely providing shelter?
Opinions:
Majority - Livingston, J.
Yes. To "harbor" an alien under 8 U.S.C. § 1324(a)(l)(A)(iii), a defendant must engage in conduct intended both to substantially facilitate an alien remaining in the United States and to prevent the alien's detection by authorities. The court reasoned that the ordinary meaning of "harbor" is ambiguous, but its statutory context provides clarity. Applying the canon of noscitur a sociis ("a word is known by the company it keeps"), the court noted that "harbors" is placed between "conceals" and "shields from detection," both of which connote secrecy and hiding. This placement, along with the broader statutory scheme, indicates Congress intended the terms to share a common meaning centered on evading detection, not just providing shelter. Although Vargas-Cordon did not actively hide Jaire from the outside world, by knowingly spiriting her away from her foster home—a location known to federal authorities—and bringing her to a new location unknown to the government, he acted with the intent to make her detection substantially more difficult, thus meeting the requirements for harboring.
Analysis:
This decision resolves prior inconsistencies within the Second Circuit regarding the definition of "harboring" under federal immigration law. By establishing a clear two-part test requiring an intent to conceal, the court narrows the statute's scope, protecting individuals who might provide shelter to an unlawfully present alien without any intent to help them evade authorities. This ruling aligns the Second Circuit with other circuits, such as the Seventh, that require more than mere sheltering for a harboring conviction, thereby creating a more uniform and predictable application of the law in future prosecutions.
