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U.S. v. FIGUEROA-TAVERAS

No. 02 CR. 333(RPP).

228 F.Supp.2d 428 (2002)

UNITED STATES of America v. Rogelio FIGUEROA-TAVERAS, Defendant.

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

October 22, 2002.

Attorney(s) appearing for the Case

Virginia L. Chavez, Assist. U.S. Atty., U. S. Atty. Office, Criminal Div., New York City, for U.S.

OPINION AND ORDER

ROBERT P. PATTERSON, JR., District Judge.

Defendant Rogelio Figueroa-Taveras ("Defendant") moves to dismiss the Government's indictment charging Defendant with illegal reentry in violation of 8 U.S.C. § § 1326(a) and (b)(2), on the basis that Defendant's prior deportation was unlawful. For the following reasons, Defendant's motion is granted.

Background

Defendant, a citizen of the Dominican Republic, arrived...

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