Jesus Herrera-Salazar, Petitioner v. United States

Jesus Herrera-Salazar asks the Supreme Court to decide whether the Double Jeopardy Clause blocks a second federal prosecution for being “found in” the United States under the illegal-reentry law. He says the government must show he was removed after the first case and then illegally reentered before prosecuting him again.

The case is at the petition stage and has not been scheduled for oral argument. Herrera-Salazar argues that a second prosecution is barred unless the government proves a removal and later illegal reentry.

The case could affect people charged more than once under the federal illegal-reentry law. For example, it could determine whether a person may face a new charge without proof that they left the country and later returned after an earlier case.

The Court is being asked whether double jeopardy bars a second “found in” prosecution without proof of removal and a later illegal reentry.

People facing repeated federal illegal-reentry charges could be affected. The case concerns when prosecutors may bring a second charge for being found in the country.

The Court may act on the petition for certiorari (the decision whether to hear the case). Oral argument has not been scheduled.