Legal Opinion
United States v. Garcia-Jurado
District Court, E.D. New York
Decided July 27, 2003No. 1:02-cv-01439PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
TRAGER, District Judge.
Defendant Richard Garcia-Jurado (“Garcia-Jurado”) is charged in a single-count indictment with illegally reentering the United States after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and § 1326(b)(2). Garcia-Jura-do now moves to dismiss the indictment pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure and the Fifth Amendment, arguing that the underlying deportation was unlawful because he was improperly denied an opportunity to seek discretionary relief under § 212(c) of the Immigration and…
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3Cited by5 opinions
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