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U.S. v. ZAPATA

No. 11 Crim. 468 (NRB).

UNITED STATES OF AMERICA, v. Erikson Zapata, Defendant.

United States District Court, S.D. New York.

February 22, 2012.

Attorney(s) appearing for the Case

Alexander Arandia , Arandia & Arandia representing Erikson Zapata (1) (Defendant).

Martin Samuel Cohen , Federal Defenders of New York Inc. (NYC) representing Erikson Zapata (1) (Defendant).

Kristy Jean Greenberg , United States Attorney Office, SDNY representing USA (Plaintiff).

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

I. Introduction

Defendant Erikson Zapata moves under Federal Rule of Criminal Procedure 12 to dismiss the indictment that charges him with illegal reentry on the ground that the underlying deportation order pursuant to which he was originally removed from the United States is invalid. For the reasons stated below, defendant's motion is denied.

II. Background

A citizen...

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