United States v. Ayalew

MEMORANDUM-DECISION AND ORDER 1

LAWRENCE E. KAHN, District Judge.

Defendant Fekrie Berihum Ayalew (“Defendant” or “Ayalew”) is accused of re-entry of a previously removed and deported alien in violation of 8 U.S.C. § 1326(a)(1) and (b)(2) and misdemeanor illegal re-entry in violation of 8 U.S.C. § 1325(a)(1). Superseding Indictment (Dkt. No. 12). On April 24 and 29, 2008, an evidentiary hearing was held to determine whether the evidence seized from the Defendant and statements made by him on November 5 and 6, 2007 must be suppressed.

I. Background

The only way to legally enter the United States…