United States v. Ojeda-Escobar

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

ORLANDO L. GARCIA, District Judge.

Pending before the Court is Defendant’s Motion to Dismiss or alternatively, Motion to Stay Proceedings (Dkt. # 17) and the Government’s response thereto (Dkt. # 18). Having considered the parties’ arguments, and having reviewed the record and applicable law, the Court finds as follows:

I

Factual and legal background

In 1990, after Defendant had resided in the United States for 15 years and attained permanent resident status, he was charged with violation of § 30.04 of the Texas Penal Code (burglary of a vehicle). Under…