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United States v. Abraham Juarez-Franco

March 27, 2013

UNITED STATES,
PLAINTIFF,
v.
ABRAHAM JUAREZ-FRANCO,
DEFENDANT.



The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

JUDGMENT AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT DUE TO INVALID DEPORTATION

Defendant Abraham Juarez-Franco ("Defendant") was charged by indictment on June 27, 2012 with being a Removed Alien Found in the United States, in violation of 8 U.S.C. § 1326(a) & (b). The indictment alleges that Defendant was removed subsequent to August 28, 2011. Defendant moves the Court to Dismiss the indictment due to an invalid deportation.

I. Factual Background

Defendant's Immigration contacts:

* October 18, 1998 - Expedited Removal

* January 8, 2000 - Reinstatement of 1998 Order

* January 5, 2004 - Reinstatement of Defendant's 2000 Order

* November 22, 2006 - Order by Immigration Judge either reinstating 1998 removal order pursuant to INA section 241(a)(5) or finding Defendant removable as charged

* May 21, 2008 - Reinstatement of 2006 Order

* December 19, 2008 - Reinstatement of 2006 Order

* June 10, 2009 - Reinstatement of 2006 Order

* June 14, 2011 - Reinstatement of 2006 Order

* November 22, 2011 - Reinstatement of 2006 Order Defendant's Criminal Convictions:

* September 2, 1999 - Driving on suspended license, DUI (20 days custody, 5 yrs probation)

* December 16, 2002 - December 16, 2002 - Driving on a suspended license, DUI (30 days custody, 3 yrs probation)

* November 12, 2003 - Driving on suspended license (20 ...


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