Deleon-Torres

United States v. Deleon-Torres

Good Law
762 F. Supp. 2d 1209·2011 WL 90226·2011 U.S. Dist. LEXIS 2136
United States District Court, Southern District of CaliforniaJanuary 10, 2011Case 10cr3751 BTMCalifornia2,140 words

Opinion

Opinion

Moskowitz, J.

ORDER DENYING AMENDED MOTION TO DISMISS INDICTMENT DUE TO INVALID DEPORTATION

Defendant Bernardo Deleon-Torres (“Defendant”) moves to dismiss the Indictment against him on the ground that his 2007 deportation was invalid. For the reasons discussed below, Defendant’s motion to dismiss the Indictment is DENIED.

I. BACKGROUND

On September 22, 2010, a federal grand jury returned an Indictment charging Defendant with being a Deported Alien Found in the United States, in violation of 8 U.S.C. § 1326 .

Defendant was previously deported in 2007. The Notice to Appear for the 2007 removal proceedings charged that Defendant was subject to removal pursuant to: (1) INA § 212(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled, or who arrived in the United States at anytime or place other than as designated by the Attorney General; and (2) INA § 212(a)(2)(A)(i)(II), as an alien who has been convicted of, or who admits having committed, or admits committing acts which constitute the essential elements of, a violation or a conspiracy or attempt to violate any law or regulation of a state, the United States, or a foreign country relating to a controlled…

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