Legal Opinion
United States v. Perez
District Court, E.D. New York
Decided July 25, 2002No. 1:01-cv-01377PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, Senior District Judge.
Defendant, charged with criminal reentry into this country after deportation, moves to dismiss the indictment on the collateral ground that ineptness of his attorney during deportation proceedings had resulted in violation of his right to due process, negating the predicate for the prosecution. The claim is troubling. It illustrates why aliens are often afforded the form of due process without its substance. The motion is granted.
I Facts
Mr. Perez is a citizen of the Dominican Republic. He became a permanent resident of the United States in…
2Cases cited16 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- MARINBoard of Immigration Appeals · 1978
- Lateef Rabiu v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
- Sofyan Ali Saleh v. United States Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1992
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3Cited by7 opinions
- Chun Man So v. RenoDistrict Court, E.D. New York · 2003
- United States v. MoncrieffeDistrict Court, E.D. New York · 2016
- United States v. LeporeDistrict Court, D. Massachusetts · 2004
- United States v. Garcia-JuradoDistrict Court, E.D. New York · 2003
- United States v. CopelandDistrict Court, E.D. New York · 2002
2 more not listed; retrieve them via the Exa API.