Legal Opinion
United States v. Phillips
District Court, E.D. New York
Decided August 3, 2015No. 13-CR-631 (RJD)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
RAYMOND J. DEARIE, District Judge.
Defendant Shanado Phillips is charged under 8 U.S.C. §§ 1326(a) and 1326(b)(2) with illegal' reentry into the United' States subsequent to deportation for an aggravated felony. Phillips moves to dismiss the indictment pursuant to 8 U.S.C. § 1326(d) on the basis of a fundamental procedural error in his removal proceeding. For the reasons stated below, the Court grants defendant’s motion.
BACKGROUND
Phillips was born in Jamaica. In 1983, at the age of nine or ten, he moved to the United States with his mother, twin broth! er, and younger sister.…
2Cases cited21 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- MARINBoard of Immigration Appeals · 1978
- United States v. Richard Copeland, Also Known as Jamal OwenCourt of Appeals for the Second Circuit · 2004
- United States v. Pablo Fernandez-Antonia, AKA "Pablo Fernandez"Court of Appeals for the Second Circuit · 2002
- United States v. Coperquin Gonzalez-Roque, Also Known as Manuel LedesmaCourt of Appeals for the Second Circuit · 2002
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3Cited by2 opinions
- United States v. AguilarDistrict Court, E.D. New York · 2015
- United States v. SammyDistrict Court, E.D. New York · 2016