United States v. Torres

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Jose Agustín Torres (“defendant”) is charged with illegal reentry after deportation in violation of 8 U.S.C. §§ 1826(a) and (b)(2). The defendant has filed the instant motion seeking to dismiss the indictment (doc. no. 7). In support of his motion, the defendant alleges that because the immigration judge at his deportation hearing incorrectly applied the provisions of section 440(d) of the Anti-Terrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 retroactively, his underlying…