District Court, E.D. New York October 22, 2002, 1:01-cr-01453 (United States v. Copeland)

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Defendant, charged with criminal reentry into this country, moves to dismiss the indictment on the collateral grounds that his prior deportation was unlawful and so cannot be used as a predicate in this criminal case. The motion is granted because the prior deportation conflicts with the Supreme Court’s decision in

I.N.S. v.