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Old July 26th 19, 09:18 PM posted to rec.aviation.soaring
Dan Marotta
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Posts: 4,601
Default Canadian pilot posts ILLEGAL flight into US on OLC

I read of no intent to land in the US in the original post.Â* I'd say
that 8 U.S. Code § 1287 is irrelevant.

On 7/26/2019 1:57 PM, 2G wrote:
On Thursday, July 25, 2019 at 6:17:50 PM UTC-7, wrote:
Dickhead. Are you waiting for a response from the FSDO so you can tattle? At least he went back to where he came from, and by choice. Different situation down here on the southern border of the US.

Hello Fellow Dickhead,

I don't need to "tattle" on anyone: Chester did that all by himself by posting his flight on a public forum. Furthermore, my objective is to learn the nuances of the law, not to "tattle." And a quick search turned up the following US Code:

8 U.S. Code § 1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties

Any person, including the owner, agent, consignee, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof, who shall knowingly sign on the vessel’s articles, or bring to the United States as one of the crew of such vessel or aircraft, any alien, with intent to permit or assist such alien to enter or land in the United States in violation of law, or who shall falsely and knowingly represent to a consular officer at the time of application for visa, or to the immigration officer at the port of arrival in the United States, that such alien is a bona fide member of the crew employed in any capacity regularly required for normal operation and services aboard such vessel or aircraft, shall be liable to a penalty not exceeding $10,000 for each such violation, for which sum such vessel or aircraft shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense.

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Remember, if you get into a dispute with these folks, THEY will be deciding what "intent" means, NOT YOU! Chester, IMO, is skating on thin ice with these flights. He said he was vague about his flight plan, which will be potentially viewed by authorities as being evasive. And if he were forced to land in the US for ANY reason he would clearly be in violation of the law, and be at a very real risk of having his glider seized and a stiff fine imposed. You knuckleheads seem to think that you can violate the law and, if caught, you can talk your way out of it with something ridiculous like "declaring an emergency." Well, THINK AGAIN! These officers hear this crap every day from real criminals and are well versed in the law. Eric had a very close call on this, and only a comment by his wife to a customs officer at the border saved him running afoul with authorities. This is SERIOUS BUSINESS! Unlike most of the rest of you, I actually have Chester's best interests at heart.


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Dan, 5J