18 U.S.C. § 758

High speed flight from immigration checkpoint

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Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be fined under this title, imprisoned not more than five years, or both.

Notes of Decisions
Cited in 22 cases (11 in the last 5 years), 2004–2026 · leading case: Hernandez Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021).
Hernandez Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021). “§ 1227 (a)(2)(A)(iv); 18 U.S.C. § 758 . That criminal record would not subject the noncitizen to mandatory detention.”
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). · cites it 2× “” 134 It cites 18 U.S.C. § 758 for the proposition that it is a crime for a noncitizen to “flee” from “State[] or local law enforcement” around immigration checkpoints.”
City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017). “Under § 1227(a)(2)(A)(iv) a noncitizen who is convicted of 18 U.S.C. § 758 , which criminalizes high speed flight from an immigration checkpoint, is deportable.”
Jose Canales Granados v. Merrick Garland, 17 F.4th 475 (4th Cir. 2021). · cites it 2× “Congress explicitly recognized the inherent danger of automotive flight by expressly deeming high-speed flight from an immigration checkpoint, 18 U.S.C § 758, a deportable offense. 8 U.”
United States v. Troy Sargent, 103 F.4th 820 (D.C. Cir. 2024). “§§ 773e(a)(2)–(4) & (a)(6), 773g, 973c(a)(8) & (a)(10)–(12), 973e, 1029, 1030, 1417(a)(5)–(6) & (b)(2), 1437(c), 1857(1)(D)–(F) & (1)(H), 1859, 2435(4)–(7), 2438, 3606, 3637(a)(2)–(4) & (a)(6), 5009(5)–(8), 5010(b); 18 U.S.C. §§ 758 , 1502, 2237(a)(1) & (a)(2)(A), 3056(d); 26 U.”
United States v. Clemente E., 392 F.3d 1164 (10th Cir. 2004). · cites it 3× “18 U.S.C. § 758 . We hold that running a stop sign is not speeding, and therefore reverse the district court.”
Sophin v. United States, 153 F. Supp. 3d 956 (W.D. Tex. 2015). “Initially, the Government charged Sophin with the felony of High Speed Flight from an Immigration Checkpoint in violation of 18 U.S.C. § 758 . See Compl., United States v.”
United States v. State of Texas (5th Cir. 2025). · cites it 3× “But that federal statute makes it a federal crime when someone “flees Federal, State, or local law enforcement agents in excess of the legal speed limit.”
United States v. State of Texas (5th Cir. 2025). · cites it 3× “But that federal statute makes it a federal crime when someone “flees Federal, State, or local law enforcement agents in excess of the legal speed limit.”
United States v. Luis Hernandez-Rios, 398 F. App'x 272 (9th Cir. 2010). “§ 1324 (a)(l)(A)(ii) and (v)(II); and high speed flight from an immigration checkpoint, in violation of 18 U.S.C. § 758 . We have jurisdiction under 28 U.”
Valdez-Borja v. United States (D.N.M. 2020). · cites it 2× “§ 1324 (a)(1)(A)(ii) (transporting an alien unlawfully in the United States) and with fleeing an immigration checkpoint in violation of 18 U.S.C. § 758 . (CR Doc. 2).2 On August 16, 2016, Mr.”
United States v. State of Texas (5th Cir. 2026). · cites it 2× “But that federal statute makes it a federal crime when someone “flees Federal, State, or local law enforcement agents in excess of the legal speed limit.” 408 This statute would not prohibit Texas from arresting or prosecuting a person for violating state- established speed…”
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