U.S. v. INTERIAN-MATA

No. 03 CR 0048 BTM.

363 F.Supp.2d 1246 (2005)

UNITED STATES of America, Plaintiff, v. Santos INTERIAN-MATA, Defendant.

United States District Court, S.D. California.

April 1, 2005.


Attorney(s) appearing for the Case

Carol C. Lam, United States Attorney, and Mark R. Rehe, Assistant United States Attorney, United States Attorney's Office, S.D. Cal., San Diego, CA, for the Plaintiff United States of America.

Gerald B. Singleton, Esq., San Diego, CA, for the Defendant Santos Interian-Mata.


ORDER DENYING MOTION TO DISMISS ON REMAND

MOSKOWITZ, District Judge.

On December 13, 2004, the Ninth Circuit remanded the case to this Court to determine whether Defendant Interian-Mata was prejudiced by the Immigration Judge's failure to inform him of his eligibility for § 212(c) relief. The Defendant has renewed his motion to dismiss the indictment. Defendant also moves to dismiss the indictment on the ground that he was prejudiced by the Immigration...

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