UNITED STATES OF AMERICA v. DAVID MYRIE - Articles

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UNITED STATES OF AMERICA v. DAVID MYRIE

Posted by: Azya Thornton on Feb 17, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Kenneth P. Tableman, KENNETH P. TABLEMAN, P.C., Grand Rapids, Michigan, for Appellant.

Attorneys 2: ON BRIEF: Scott A.C. Meisler, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., William J. Vailliencourt, Jr., UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Judge(s): BOGGS, NALBANDIAN, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

BOGGS, Circuit Judge. David Myrie appeals his conviction under 8 U.S.C. § 1326 for unlawfully reentering the United States after prior removals. He claims that § 1326, a facially race-neutral law, violates equal protection under the Fifth Amendment’s Due Process Clause by discriminating against Mexican and other Latino immigrants. He argues that the statute’s predecessor—the Undesirable Aliens Act of 1929—was enacted with discriminatory intent,1 and that § 1326, first codified as part of the Immigration and Nationality Act (INA) of 1952 and amended several times thereafter, perpetuates that taint because Congress failed to affirmatively repudiate the racist intent of the 1929 Act. Eight of our sister circuits have addressed similar constitutional challenges to § 1326 and all have rejected them.2 For the reasons set forth below, so do we.

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