June 12, 2013 4th Circuit published opinion

United States v Al Sabahi

Al Sabahi overstayed his visa and later married a US citizen and filed for adjustment of status. He was observed with firearms on several occasions and was indicted and convicted of being an illegal immigrant possessing firearms. The panel affirmed. It held that because Al Sabahi overstayed his visa, he was illegally present and barred from possessing firearms. His petition for adjustment did not change this fact as only a change in status, not a petition for change of status, renders someone legally in the country. The panel also held the evidence was sufficient as each of his three convictions was proved by eyewitness testimony and the jury reasonably adopted the government’s view of the evidence.

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