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.

Author Keywords

[No Keywords available]

Index Keywords

male HIV Infections Transients and Migrants Criminal Law economics Mexico Human immunodeficiency virus infection Article United States human Humans migration

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84921432826&partnerID=40&md5=e6e74240d9542c12b4391a9f91654720

ISSN: 08871493
Original Language: English