Esparza-Ponce

AMENDED ORDER ADDRESSING PRETRIAL MOTIONS

I. Overview

Defendant has filed motions (1) to dismiss the indictment; (2) to suppress statements; (3) to compel discovery; and (4) for leave to file further motions. The government has filed motions for reciprocal discovery and for fingerprint exemplars.

For the reasons stated below, Defendant’s motion to dismiss is denied. Defendant’s motion to suppress is denied in part and deferred in part. Defendant’s motion to compel discovery is deferred. Defendant’s motion for leave to file further motions is denied without prejudice. The government’s motions are granted.

II. Background

Defendant Cecilio Esparza-Ponce, a Mexican citizen, legally resided in the United States. On May 22, 1986, Defendant was convicted of petty theft in violation of California Penal Code sections 484 and 488. On that date, Defendant also was convicted of battery, in violation of California Penal Code section 242. Less than seven months later, Defendant was convicted of attempted first-degree burglary, in violation of California Penal Code sections 459 and 664.

Because of Defendant’s convictions, the Immigration and Naturalization Service (“INS”) commenced…