McALLEN, Texas (ValleyCentral) — A judge on Wednesday found a migrant from Colombia not guilty of illegally entering the United States after concluding the government couldn’t prove how he crossed the border.

Border Patrol detained Jesus Miguel Pacheco Gamarra, 22, of Colombia on Aug. 14 near Roma.

The government charged Pacheco with illegally entering the United States at a place “other than designated by immigration officers,” which is a federal misdemeanor.

Prosecutors, however, couldn’t actually prove how Pacheco entered the United States. After a bench trial, U.S. Magistrate Judge J. Scott Hacker found Pacheco not guilty.

“There’s just no evidence,” Hacker said, that Pacheco illegally crossed the Rio Grande rather than crossing through a port of entry.

The U.S. Attorney’s Office

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