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U.S. v. PEREZ

No. 01-CR-1377 (JBW).

213 F.Supp.2d 229 (2002)

UNITED STATES of America, v. Segundo De Jesus PEREZ Defendant

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

July 25, 2002.

Attorney(s) appearing for the Case

Catherine Wen Hwa So, U.S. Attorney's Office, E.D.N.Y., Brooklyn, NY, for Plaintiff.

Jan A. Rostal, The Legal Aid Society Federal Defender Division, Brooklyn, NY, for Defendant.

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Defendant, charged with criminal reentry into this country after deportation, moves to dismiss the indictment on the collateral ground that ineptness of his attorney during deportation proceedings had resulted in violation of his right to due process, negating the predicate for the prosecution. The claim is troubling. It illustrates why aliens are often afforded the form of due process without...

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