MEMORANDUM
EDUARDO C. ROBRENO, District Judge.
Jose Agustin Torres ("defendant") is charged with illegal reentry after deportation in violation of 8 U.S.C. §§ 1326(a) and (b)(2). The defendant has filed the instant motion seeking to dismiss the indictment (doc. no. 7). In support of his motion, the defendant alleges that because the immigration judge at his deportation hearing incorrectly applied the provisions of section 440(d) of the Anti-Terrorism...
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