Legal Opinion
United States v. Copeland
District Court, E.D. New York
Decided October 22, 2002No. 1:01-cr-01453PublishedCited by 4 opinions
1Opinion of the Court
AMENDED MEMORANDUM AND ORDER
WEINSTEIN, Senior District Judge.
Defendant, charged with criminal reentry into this country, moves to dismiss the indictment on the collateral grounds that his prior deportation was unlawful and so cannot be used as a predicate in this criminal case. The motion is granted because the prior deportation conflicts with the Supreme Court’s decision in I.N.S. v. St Cyr, 533 U.S. 289, 326, 121 S.Ct. 2271, 2293, 150 L.Ed.2d 347, 378 (2001). See e.g. United States v. Perez, 213 F.Supp.2d 229 (E.D.N.Y.2002) (dismissing criminal prosecution for reentry after deportation on…
2Cases cited10 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- MARINBoard of Immigration Appeals · 1978
- Rafael Montilla v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1991
- United States v. Pablo Fernandez-Antonia, AKA "Pablo Fernandez"Court of Appeals for the Second Circuit · 2002
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Richard Copeland, Also Known as Jamal OwenCourt of Appeals for the Second Circuit · 2004
- Chun Man So v. RenoDistrict Court, E.D. New York · 2003
- United States v. LeporeDistrict Court, D. Massachusetts · 2004
- United States v. Garcia-JuradoDistrict Court, E.D. New York · 2003