Legal Opinion
United States v. Jimenez
District Court, S.D. New York
Decided November 13, 1995No. 94 Cr. 1008 (SS)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SOTOMAYOR, District Judge.
Defendant Juan Jimenez moves to preclude the Government from use of a 1994 deportation order in the Government’s current prosecution of the defendant for illegal reentry after having been deported, a violation of 8 U.S.C. § 1326. For the reasons discussed below, the defendant’s motion is denied. 1
BACKGROUND
The defendant is a citizen of the Dominican Republic, who by his own admission entered the United States illegally in October, 1991. Ex. I to Aff. of Assistant U.S. Attorney Lynn A. Neils (hereinafter, “Neils Aff.”); Ex. Q to Neils Aff.,…
2Cases cited8 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Parke v. RaleySupreme Court of the United States · 1993
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- Trevor A. Waldron v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
- Rafael Montilla v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1991
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3Cited by1 opinion
- McMahon v. HodgesDistrict Court, S.D. New York · 2002