United States v. Aquino-Chacon

MEMORANDUM OPINION

ELLIS, District Judge.

This 8 U.S.C. § 1326(a) prosecution is before the Court on (i) defendant’s motion to dismiss or quash the indictment on due process grounds and (ii) the government’s motion in limine to exclude certain evidence. At issue is whether the Due Process Clause precludes prosecuting this defendant for illegal entry into the United States following deportation because certain statements on Immigration and Naturalization Service (INS) form 1-294 led defendant to believe he could reenter the country without the Attorney General’s permission five years after…