Abhijit Prasad v. United States

Whether an individual may be criminally prosecuted and convicted for conduct that Congress intentionally authorized and that its duly enacted statutes and implementing regulations specifically permit.

Whether 18 U.S.C. § 1546(a) requires proof of a false statement “with respect to a material fact,” and whether some courts may treat that statutory phrase as surplusage notwithstanding decisions of multiple circuits recognizing “material fact” as an essential element of the crime under § 1546(a).

Whether the Fifth and Sixth Amendments are violated where a jury is specifically instructed to disregard the materiality element and permitted to convict under a legally impermissible theory of fraud, thereby altering the framework within which the trial proceeds.

Whether a court may deny a defendant his Sixth Amendment right to present a complete defense where the trial record establishes eligibility for the immigration benefit underlying the prosecution.