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U.S. v. HERRARA-PEREZ

No. C4-03-24.

265 F.Supp.2d 1097 (2003)

UNITED STATES of America, Plaintiff, v. Gabriel HERRARA-PEREZ, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

June 3, 2003.

Attorney(s) appearing for the Case

Richard L. Hagar, Kenner Law Firm, P.C, Minot, ND, for defendant.

Scott J. Schneider, U.S. Attorney's Office, Bismarck, ND, for plaintiff.

ORDER DENYING DEFENDANT'S MOTION FOR DISMISSAL

HOVLAND, Chief Judge.

The Defendant, Gabriel Herrara-Perez ("Herrara-Perez") is charged with illegal reentry of an alien in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2). On May 20, 2003, the Herrara-Perez filed a Motion for Dismissal, asserting that these charges are based on underlying deportation proceedings that were fundamentally unfair and invalid on due process grounds. For the reasons outlined...

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