US v. Ayon-Brito: A-B was deported to his native Mexico twice, before returning without permission sometime after 2013. He was arrested several times in Virginia on drug charges, but because he used an alias his immigration status was not discovered. He was arrested again on state charges in Pennsylvania, where his true identity was discovered. He was returned to Virginia and charged with illegal reentry. A-B moved to dismiss for improper venue, arguing that he should have been charged in Pennsylvania, where he was "found" by immigration authorities. The district court denied the motion and A-B was convicted of illegal reentry after a bench trial.
The Fourth Circuit affirmed A-B's conviction and the denial of his motion to dismiss. The court held that A-B's focus on where he was "found" was misplaced, as that was not one of the actual elements of the offense of illegal reentry. Furthermore, illegal reentry is a continuing offense that begins when the person reenters the United States and continues until they are apprehended. As a result, venue is proper in any district where they had been since their reentry (including, in this case, in Virginia).
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