Politics · United States · 1 hr ago
Sotomayor and Gorsuch criticize repeat prosecution of Mexican immigrant
Supreme Court justices Sonia Sotomayor and Neil Gorsuch criticized the repeat prosecution of Mexican immigrant Jesus Herrera-Salazar.
He was first charged with being found in the United States after being removed, pleaded guilty and served prison time.
While on supervised release, he was charged again with the same crime and convicted.
A federal appeals court said the two convictions were for different offenses, so double jeopardy protections did not apply.
Sotomayor said the second prosecution was difficult to reconcile with the Constitution’s protection against being prosecuted twice for the same crime.
She warned the appeals court’s reasoning could allow repeated charges for the same ongoing conduct.
Herrera-Salazar was deported in 2024, and the Supreme Court declined to review his case because he had already been removed.
Sotomayor and Gorsuch said courts should give the double jeopardy protection its full force if a similar case arises again.
Supreme Court Justices Sonia Sotomayor and Neil Gorsuch criticized the repeated prosecution of Mexican immigrant Jesus Herrera-Salazar, calling the case a “constitutional absurdity.”
Herrera-Salazar was prosecuted twice for being “found in” the United States after being removed.
The second prosecution came after he had pleaded guilty, served a prison sentence and was required to remain in the United States on supervised release.
The Supreme Court declined to review his case because he had since been removed from the country.
Sotomayor said the second prosecution raised serious double jeopardy concerns, while a federal appeals court had ruled the two convictions were for different offenses.
- Who
- Jesus Herrera-Salazar, a Mexican national; Justices Sonia Sotomayor and Neil Gorsuch criticized his case.
- What
- Herrera-Salazar was prosecuted twice for being “found in” the United States after removal. The Supreme Court declined to review his case.
- When
- The justices issued their statement on Oct. 13, 2026.
- Where
- The case involved prosecution in the United States, including Oklahoma.
- Why
- Sotomayor said the second prosecution raised serious concerns under the Constitution’s Double Jeopardy Clause.
Herrera-Salazar and the justices’ position
Federal government and 10th Circuit Court of Appeals
Double jeopardy
Herrera-Salazar and the justices’ position
Sotomayor, joined by Gorsuch, said the second prosecution was difficult to square with constitutional protections against being prosecuted twice for the same crime.
Federal government and 10th Circuit Court of Appeals
The appeals court said the Double Jeopardy Clause did not apply because the convictions were for different offenses.
Repeat charges
Herrera-Salazar and the justices’ position
Sotomayor said the appeals court’s reasoning could allow repeated charges for the same continuous conduct.
Federal government and 10th Circuit Court of Appeals
The appeals court’s reasoning treated the two convictions as different offenses.
Herrera-Salazar was indicted for being found in the United States after being removed.
He served a prison sentence and was required to remain in the United States on supervised release.
He was arrested in Oklahoma and charged with the same crime again.
He was deported after serving another prison sentence.
The Supreme Court declined to review his case, and Sotomayor and Gorsuch criticized the prosecution.
- Defendant
- Jesus Herrera-Salazar
- Nationality
- Mexican
- First indictment
- 2020
- Second arrest
- Oklahoma
- Removal
- Deported in 2024
- Supreme Court justices
- Sonia Sotomayor and Neil Gorsuch
What people are saying
difficult to square
a person in Herrera-Salazar’s shoes can be subjected to repeated, limitless ‘found in’ charges without offending the Constitution.
avoid the constitutional absurdity that occurred here and give the Double Jeopardy Clause its full weight and meaning.
Sources
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