Federal Immigration Conviction Overturned Due to Weak Evidence: Why Strong Legal Representation Matters Now More Than Ever
In a recent case, a federal appeals court reversed the conviction of Wardy Liberato, a Dominican national who had been charged with illegal reentry under 8 U.S.C. § 1326(a). His case serves as a powerful reminder that even in serious federal prosecutions, the government must meet a strict burden of proof—and when they fail to do so, a skilled Wallin & Klarich defense attorney can help ensure justice is served.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
What Happened in the Case
Liberato was apprehended near the U.S.-Mexico border by Border Patrol Agent Lastra, who then called in Agent Mondragon for assistance. Liberato was charged with unlawfully reentering the United States after a prior removal. At trial, however, the government’s case rested on shaky ground. Agent Mondragon could not recall where Liberato and the group were located when he arrived. Instead, he offered generalized testimony about what “typically” happens in such situations and added that the group was “not in view of any camera”—but without explaining how he knew that.
Importantly, Agent Lastra—the first agent to encounter the group—was never called to testify, leaving the government without a firsthand account of the critical initial interaction. Despite these gaps, the jury convicted Liberato, prompting his legal team to appeal.
Court of Appeals Reverses Conviction
On appeal, the court ruled in Liberato’s favor, stating that the evidence presented at trial fell short of what is required to sustain a criminal conviction. While appellate courts are generally required to view the evidence in the light most favorable to the trial court’s decision, they must also ensure that a reasonable jury could find guilt beyond a reasonable doubt. (Jackson v. Virginia)
In illegal reentry cases under § 1326(a), the government must prove that the defendant was at liberty—not in official custody—at some point between entering the country and being detained. Even a brief lapse in custody can qualify as illegal entry. (United States v. Bello-Bahena)
Here, the court found the evidence insufficient. The lack of direct testimony from Agent Lastra created a gap in the government’s narrative. The jury was essentially asked to speculate whether Liberato had momentarily evaded custody. But speculation is not enough—especially when the government bears the burden of proof. As a result, the conviction was reversed, and the case was sent back to the lower court with instructions.
What This Means for You
This case highlights just how important it is to have an experienced criminal defense attorney—particularly when facing charges stemming from immigration enforcement actions. In today’s climate, with increased arrests and raids by ICE, federal prosecutors are moving quickly to file charges against those suspected of illegal entry or reentry.
But as this case shows, even when someone is arrested near the border, the government must still prove every element of the crime beyond a reasonable doubt. If they don’t, and you have the right legal team fighting for you, your case can be dismissed or overturned on appeal.
Contact Wallin & Klarich Today
If you have been accused of a crime by ICE, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
