U.S.C. Section 1325
"(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
This section describes THREE things:
* Improper time or place
* Avoidance of examination or inspection
* Misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both."
Section three gives the penalty for entry to the the United States by a WILLFULLY FALSE OR MISLEADING MISREPRESENTATION OR THE WILLFUL CONCEALMENT OF A MATERIAL FACT, Section 3 incorporated Title 18 because Title 18 is the Criminal Code. Section 3 of this statute does not apply to the improper entry for two reasons: the first reason is that Title 8 is a Civil statute and the second reason is that improper entry is NOT a crime in Title 18.