United States v. Peters

MEMORANDUM AND ORDER

VITALIANO, District Judge.

On August 18, 2009, defendant Joseph Mark Delevante Peters was indicted for the crime of illegal reentry into the United States subsequent to deportation for conviction of an aggravated felony. Defendant moves for dismissal of the indictment with prejudice, pursuant to Federal Rule of Criminal Procedure 12(b)(2) and the Fifth Amendment, on the ground that the deportation order enforced against him was invalid since it resulted from deportation proceedings that were fundamentally unfair. For the reasons stated below, the Court grants defendant’s…