Whether constant surveillance by a law enforcement agent is 'official restraint' that prevents an 'entry' and thus a conviction for 'entry without inspection' within the meaning of § 1325(a)(1)

QUESTION PRESENTED FOR REVIEW Ms. Gaspar-Miguel was convicted of entry without inspection in violation of 8 U.S.C. § 1325(a)(1) after she crossed the border between the United States and Mexico at a place that was not an official port of entry in broad daylight and under the constant surveillance of U.S. Border Patrol agents. One of them actually watched Ms. Gaspar-Miguel physically cross the border. She was almost immediately apprehended. She did not attempt to flee or hide. The issue presented in this Petition is whether constant surveillance by a law enforcement agent is “official restraint” that prevents an “entry” and thus a conviction for “entry without inspection” within the meaning of § 1325(a)(1). i NO. SUPREME COURT OF THE UNITED STATES October Term 2019 PETRONA GASPAR-MIGUEL, Petitioner, Vv. UNITED STATES OF AMERICA, Respondent.