[OCCASparky]

Seems to me, given current US law, he IS a criminal. So where's the damage? Where's the patently false and/or defamatory statement? Where's the malicious intent?

This will get thrown out in about 1/2 a second on appeal.

[bcsco]

Seems to me, given current US law, he IS a criminal.

He's in violation of the law simply by being here illegally. 'Nuff said...

[Little Ray]

Nope. IIRC, he’s no more a “criminal” for illegally entering the US than you or I would be for speeding. He broke a “regulation” rather than a “law” at least for a first offense. I think it only becomes “criminal” after repeat offenses. A legal beagle might be able to provide more info.

I believe that law should be be changed so that illegally entering the country is a felony, but the law is what it is.

[jagusafr]

You’re correct, and this judge is a disgrace. Here in Texas, if a plaintiff doesn’t show up for trial, the case gets dismissed or, if the party’s counsel shows good cause, continued or reset. It DOES NOT go forward.

Colonel, USAFR