Levian dela Car Pacheco Pacheco, aka Levian D. Pacheco v. United States
Immigration JusticiabilityDoctri
Whether the court of appeals erred in interpreting the term 'pending deportation' in 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(A) to include those awaiting proceedings to determine deportation
QUESTION PRESENTED Congress has made it a crime to engage in certain sexual acts with detainees who are “pending deportation.” 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(A). The court of appeals interpreted “pending deportation” to encompass not only those ordered deported and awaiting deportation but also those awaiting proceedings to determine whether they should be deported at all. Did the court of appeals deviate from this Court’s method of statutory interpretation?