Ortiz-Diaz
United States v. Ortiz-Diaz
Opinion
Opinion
Price, J.
MEMORANDUM DECISION RE: DEFENDANT’S MOTION TO DISMISS INDICTMENT
BACKGROUND
Defendant Ortiz-Diaz (“Defendant”) is charged with violating 8 U.S.C. § 1326 (previously deported alien found in United States). Defendant moves to dismiss the indictment on the grounds that her deportation violated due process.
A. Defendant’s Criminal History
Defendant entered the U.S. in 1980 and has resided here since that time. In 1982 she failed to appear for a judicial proceeding and a warrant issued for her arrest for petty theft. In 1984 Defendant was convicted in state court of possession of heroin for sale and served a one year term. In November 1992 Defendant pleaded guilty in federal court to structuring financial transactions in violation of 31 U.S.C. § 5324 (a)(3) and was sentenced to eight months imprisonment.
B. Immigration Proceedings
In July 1987, upon completion of her state narcotics sentence, Defendant entered the custody of the INS. The INS commenced deportation proceedings, issuing an Order to Show Cause (OSC) alleging Defendant was deportable pursuant to 8 U.S.C. § 1261 (a)(ll) because of her 1984 narcotics conviction. In February 1989, an immigration judge ruled that…