AIDS policy & law
Volume 14, Issue 22, 1999
Immigrant didn't qualify for medical necessity defense. (Article)
Abstract
The 8th U.S. Circuit Court of Appeals upheld a conviction of Fernando Diaz-Diaz for unlawful entry into the United States. The court rejected the defendant's argument of medical necessity due to his inability to pay for HIV medication in Mexico. The court ruled that the defendant must show a prima facie case on each of four elements to qualify for medical necessity. The appeals panel ruled that Diaz-Diaz provided insufficient evidence on both the immediacy of his medical condition and the lack of lawful alternatives.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84921432826&partnerID=40&md5=e6e74240d9542c12b4391a9f91654720
ISSN: 08871493
Original Language: English