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U.S. v. REYES

No. CR-12-0155 EMC.

907 F.Supp.2d 1068 (2012)

UNITED STATES of America, Plaintiff, v. Javier Francisco REYES, Defendant.

United States District Court, N.D. California.

November 2, 2012.

Attorney(s) appearing for the Case

Mark Kang, U.S. Attorney's Office, San Francisco, CA, for Plaintiff.

Shawn Halbert, Federal Public Defender, San Francisco, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS INDICTMENT

(Docket No. 12)

EDWARD M. CHEN, District Judge.

Defendant Javier Francisco Reyes has filed a motion to dismiss his indictment for illegal reentry in violation of 8 U.S.C. § 1326. He contends that his prior deportation, a predicate to the § 1326 charge, was invalid. Specifically, he collaterally attacks his underlying removal proceeding on the ground that his due process rights were...

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