United States v. Sammy

MEMORANDUM DECISION AND ORDER

M. Cogan, U.S.D.J.

Defendant is charged with illegal reentry following deportation. Before me is his motion to dismiss the indictment pursuant to 8 U.S.C. § 1326(d) and Federal Rule of Criminal Procedure 12 on the ground that his prior deportation, the predicate for the crime with which he is now charged, was unlawful. For the reasons set forth below, defendant’s motion is denied.

BACKGROUND

Defendant was born in 1992 in London, England to Ethiopian nationals. He, along with his family, lawfully entered the United States in 1997 pursuant to a P-4 class non-immigrant…