U.S. v. Costello

Record failed to contain sufficient evidence to support defendant’s conviction under 8 USC section 1324(a)(1)(A)(iii) for harboring or shielding from detection unlawful alien under facts indicating that defendant, who was girlfriend of alien, lived with alien in her home for period of three years after he had returned to U.S. without authorization. Ct. found that defendant’s cohabiting with alien-boyfriend did not fit definition of “harboring” as that term is contemplated in section 1326(a)(1)(A)(iii), even if defendant was aware of alien illegal status, where record failed to show that defendant conducted clandestine sheltering of alien or otherwise shielded alien from observation or discovery by others. (Dissent filed.)