Mendoza

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS INDICTMENT

I. INTRODUCTION

This case is a criminal prosecution of Defendant Sergio Taroya Mendoza (“Defendant”), under 18 U.S.C. § 1326 , for ille- gaily reentering the United States following a deportation. Presently before this Court is Defendant’s Motion to Dismiss Indictment Due to Lack of Jurisdiction and Violation of Double Jeopardy. {See Defendant’s Motion to Dismiss Indictment Due to Lack of Jurisdiction and Violation of Double Jeopardy, hereinafter “Defendant’s Motion,” Docket Item No. 9.) The Court held a hearing on September 19, 2005. For the reasons set forth below, Defendant’s Motion is GRANTED.

II. BACKGROUND

On March 19, 1997, Defendant was deported to Mexico after Immigration Judge Michael Bennett in El Centro, California presided over a hearing and ordered deportation. {See United States’ Opposition to Defendant’s Motion to Dismiss, hereinafter “United States’ Opposition,” Docket Item No. 11, at 2:11-13.) At some point before July 15, 1997, Defendant reentered the United States. (Order Dismissing Indictment, Case No. CR 04-20046, Docket Item No. 59, at 2:4-5.) On March 11, 1999, the Immigration and Naturalization…