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UNITED STATES v. ESPINOZA-SOTO

No. 79 CR 340.

476 F.Supp. 364 (1979)

UNITED STATES of America v. Santiago ESPINOZA-SOTO, Defendant.

United States District Court, E. D. New York.

September 14, 1979.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty. by Thomas G. Roth, Asst. U. S. Atty., Brooklyn, N. Y., for the Government.

Jack Sachs, New York City, for defendant.

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

Prior to the commencement of trial, the defendant moved to suppress the order of deportation entered against him. He argued that the order was void because the Immigration and Naturalization Service (INS) failed to follow an agency regulation, 8 C.F.R. § 242.2(e). That regulation provides: "Every detained alien shall be notified that he may communicate with the consular or diplomatic officers...

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