United States v. Lepore

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

The defendant, Erasmo Angelo Lepore (“Lepore”), is charged with illegal re-entry as a deported alien, 8 U.S.C. § 1326, and misuse of a social security number, 42 U.S.C. § 408. In this Motion to Dismiss Count One of the Indictment, Lepore collaterally attacks his underlying 1999 deportation order. To succeed, Lepore must show (1) that he exhausted all administrative remedies, (2) that he was improperly deprived of judicial review, and (3) that his deportation order was fundamentally unfair. 8 U.S.C. § 1326(d).

A. Facts

For the most part, the…