Can a person "enter" the United States for purposes of unlawful entry under 8 U.S.C. § 1325(a)(1) when that person is under a form of official restraint? And does constant surveillance from the time a person walks across the border until her arrest count as official restraint?
Maybe, and no, answered the Tenth Circuit in United States v. Gaspar-Miguel.
"For purposes of this appeal, we need not address the broader question of whether 'entry' under § 1325(a) requires freedom from official restraint. We conclude, as pertinent here, that continuous surveillance by border patrol agents, by itself, does not constitute official restraint."