The Fourth Circuit’s unanimous opinion today in United States v. Castillo-Pena presents an interesting fact pattern for appreciating the line between questions of fact and questions of law.
The case was a prosecution under 18 U.S.C. § 911 for falsely claiming U.S. citizenship. An immigration agent who interviewed Castillo-Pena described his claim to have a valid Puerto Rican birth certificate. The agent further testified, “I told him, well, if you would like to make a statement that you are a U.S. citizen, we can do that, and he said yes, I would like to.” The agent then took out a piece of paper, and Castillo-Pena apparently changed his mind, stating that he didn’t want to sign anything without a lawyer present. When prosecuted for falsely claiming U.S. citizenship, Castillo-Pena asserted that “when [the immigration agent] asked him whether he would like to make a statement that he was a U.S. citizens, and he responded ‘yes, I would like to,’ this did not constitute a false representation of U.S. citizenship, but rather a statement of future intent to make a claim of citizenship.” The Fourth Circuit concluded that “whether Castillo-Pena’s answer constituted a present claim of citizenship . . . was a dispute appropriately evaluated by the jury as trier of fact.”
Judge Wilkinson wrote the opinion for the court, in which Judge Duncan and Judge Agee joined.