United States v. Hajbeh

MEMORANDUM OPINION

ELLIS, District Judge.

Defendant in this immigration fraud prosecution seeks to take the deposition of his brother-in-law in the Republic of Jordan pursuant to Rule 15(a), Fed.R.Crim.P., on grounds that the brother-in-law would provide material, exculpatory testimony, but refuses to travel to the United States to testify.

For the reasons that follow, defendant’s Rule 15(a) motion must be denied.

I

Defendant Majed Hajbeh, a citizen of the Republic of Jordan, is a lawful permanent resident of the United States currently residing in Woodbridge, Virginia. He emigrated to the United…