United States v. Bautista-Ramirez
2:25-cr-01442
D.N.M.May 14, 2025Background
- Defendant Jose Luis Bautista-Ramirez was charged with three misdemeanor crimes related to unlawful entry: Entry Without Inspection (8 U.S.C. § 1325), Violation of a Security Regulation (50 U.S.C. § 797), and Entering Military Property for an Unlawful Purpose (18 U.S.C. § 1382).
- The primary incident involves the defendant entering the New Mexico National Defense Area (NMNDA), a secured military area contiguous to the US-Mexico border, allegedly to enter the United States unlawfully.
- The Court reviewed the criminal complaint for probable cause as required by law, focusing specifically on the 50 U.S.C. § 797 and 18 U.S.C. § 1382 charges.
- The factual allegations were largely generic across many similar cases, and the defense moved to dismiss the military-related charges.
- The Court analyzed the mens rea requirements (willfulness and knowledge) for both military property-related offenses in question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Willfulness under 50 U.S.C. § 797 | Knowledge of unlawful conduct suffices for willfulness | Willfulness requires knowledge of the specific regulation | Willfulness only requires knowledge conduct is unlawful, not specific regulation |
| Proof of knowledge that defendant entered the NMNDA (50 U.S.C.) | Posting of signs at NMNDA is adequate to establish knowledge | No evidence defendant saw or was aware of entering NMNDA | No probable cause that defendant knew he entered NMNDA |
| Mens rea for trespass on military property under 18 U.S.C. § 1382 | No need for knowledge if specific intent for unlawful purpose shown | Must prove knowledge of entry onto military property | Knowledge of entry is required for culpability |
| Probable cause for both military property-related charges | Complaint facts sufficient to support charges | Complaint facts insufficient, lack of knowledge alleged | Charges dismissed for lack of probable cause on knowledge |
Key Cases Cited
- Bryan v. United States, 524 U.S. 184 (willfulness generally means knowledge that conduct is unlawful, does not require knowledge of a specific law)
- Atwater v. City of Lago Vista, 532 U.S. 318 (any person arrested is entitled to probable cause review by a magistrate)
- Rehaif v. United States, 588 U.S. 225 (statutes generally presumed to require knowledge of each element unless jurisdictional)