MEMORANDUM
CALDWELL, District Judge.
I. Introduction
Defendant, Niyi Ayeni ("Ayeni"), a native of Nigeria, has been charged with failing to comply with a final order of removal, in violation of 8 U.S.C. § 1253(a)(1)(A), (B) and (C). Defendant seeks to dismiss the indictment, contending that he was denied effective assistance of counsel during the underlying deportation proceeding, and that the deportation order on which the indictment...
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