United States v. Castro

OPINION AND ORDER

VITALIANO, District Judge.

On June 8, 2006, defendant Francisco Jose Castro was indicted under 8 U.S.C. §§ 1326(a) and 1326(b)(2) for the crime of illegal reentry into the United States subsequent to deportation for an aggravated felony. By motion dated August 4, 2006, defendant seeks to dismiss this indictment under Federal Rule of Criminal Procedure 12(b)(2) and the Fifth Amendment on the ground that his prior deportation was unlawful. For the reasons stated below, the Court grants defendant’s motion to dismiss the indictment.

I. FACTS

Castro was born in the Dominican Republic…