Opinion
17 CR 270 (VB)
07-29-2021
UNITED STATES OF AMERICA v. DAVID SANTIAGO GRAJALES-YEPES Defendant.
AUDREY STRAUSS United States Attorney Southern District of New York. Kevin Sullivan Assistant United States Attorney.
AUDREY STRAUSS United States Attorney Southern District of New York.
Kevin Sullivan Assistant United States Attorney.
FACTUAL ALLEGATIONS IN SUPPORT OF JUDICIAL REMOVAL
NOTICE IS HEREBY GIVEN TO DAVID SANTIAGO GRAJALES-YEPES (“the defendant”) and to his attorney of record, Andrew G. Patel, Esq., that the United States of America alleges the following facts in support of the Notice of Intent to Request Judicial Removal:
1. The defendant is not a citizen or national of the United States.
2. The defendant is a native of Colombia and a citizen of Colombia.
3. The defendant was admitted into the United States as a nonimmigrant visitor pursuant to a B-2 visa at or near Miami, Florida, on or about November 30, 2016, with a period of authorized admission until May 29, 2017.
4. The defendant remained in the United States beyond May 29, 2017, without authorization from the Department of Homeland Security.
5. At the time of sentencing in the instant criminal proceeding, the defendant will be convicted in the United States District Court, Southern District of New York, of Count I, which charges from on or about January 2017 up to and including on or about March 2017, the defendant Participated in a Conspiracy to Manufacture or Distribute Quantities of Cocaine and Cocaine Base, in violation of Title 21 United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846.
7. The maximum sentence for violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846 is 20 years' imprisonment.
8. The defendant is, and at time of sentencing will be, subject to removal from the United States pursuant to: (1) Section 237(a)(1)(B) of the Immigration and Nationality Act (“INA” or the “Act”), as amended, 8 U.S.C. § 1227(a)(1)(B), as a person who after admission as a nonimmigrant under Section 101 (a)(l5) of the Act, remained in the United States for a time longer than permitted, in violation of this Act or any other law of the United States; (2) Section 237(a)(2)(B)(i) of the Act, as amended, 8 U.S.C. § 1227(a)(2)(B)(i), as a person who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21) other than a single offense involving possession for one's own use of 30 grams or less of marijuana; (3) Section 237(a)(2)(A)(iii) of the Act, as amended, 8 U.S.C. § 1227(a)(2)(A)(iii), as a person who is convicted of an aggravated felony at any time after admission as defined in section 101 (a)(43)(B) of the Act, illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18); and (4) Section 237(a)(2)(A)(iii) of the Act, as amended, 8 U.S.C. § 1227(a)(2)(A)(iii), as a person who is convicted of an aggravated felony at any time after admission as defined in section 101 (a)(43)(U) of the Act, a law relating to an attempt or conspiracy to commit an offense described in section 101 (a)(43) of the Act.
WHEREFORE, pursuant to Section 238(c) of the INA, 8 U.S.C. § 1228(c), the United States of America requests that the Court, at the time of sentencing, order that the defendant be removed from the United States to Colombia promptly upon his satisfaction of any sentence of imprisonment, or, if the defendant is not sentenced to a term of imprisonment, promptly upon his sentencing.