Opinion
Criminal Docket 18 Cr. 601 (PGG)
07-01-2021
UNITED STATES OF AMERICA v. MURVIN REIGOUD MAIKEL, Defendant.
ORDER OF JUDICIAL REMOVAL
HONORABLE PAUL G. GARDEPHE, UNITED STATES DISTRICT JUDGE
Upon the application of the United States of America, by Matthew Hellman, Assistant United States Attorney, Southern District of New York; upon the Factual Allegations in Support . of Judicial Removal; upon the consent of MURVIN REIGOUD MAIKEL (the “defendant”); and . upon all prior proceedings and submissions in this matter; and full consideration having been given to the matter set forth herein, the Court finds:
1. The defendant is not a citizen or national of the United States.
2. The defendant is a native and citizen of Suriname.
3, On or about August 7, 2018, the defendant was paroled into the United States at or near Fort Lauderdale, FL for the purpose of criminal prosecution, pursuant to Section 212(d)(5) of the Immigration and Nationality Act of 1952, as-amended, (“Act”).
4, 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 the following offense: conspiring to distribute and possess with intent to distribute 500 grams and more of mixtures and substances containing a detectable amount of cocaine on board a vessel subject to the jurisdiction of the United States, in violation of Title 46, United States Code, Sections 70503, 70506(b), 70504(b)(2), and Title 21, United States Code, Section 960(b)(2)(B).
5. The above-mentioned offense carries a maximum term of 40 years' imprisonment.
6. The defendant is, and at time of sentencing will be, subject to removal from the United States pursuant to Section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), as an alien who has been convicted of a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime; Section 212(a)(2)(A)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(II), as an alien convicted of a violation of (or a conspiracy or attempt to violate) any law of regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in Section 802 of Title 21); Section 212(a)(2)(C)(i) of the Act, 8 U.S.C. § 1182(a)(2)(C)(i), as an alien who the consular officer or the Attorney General knows or has reason to believe is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in Section 802 of Title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; and Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act of 1952, as amended, (the “Act”), 8 U.S.C. § 1182(a)(7)(A)(i)(I), as an immigrant who, at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality as required under the regulations issued by the Attorney General under Section 211(a) of the Act.
7. The defendant has waived his right to notice and a hearing under Section 238(c) of the Act, 8 U.S.C. § 1228(c).
8. The defendant has waived the opportunity to pursue any and all forms of relief and protection from removal.
9. The defendant has designated Suriname as the country for removal pursuant to Section 240(d) of the Act, 8 U.S.C. § 1229a(d).
WHERE FORE, IT IS HEREBY ORDERED, pursuant to Section 238(c) of the Act, 8 U.S.C. § 1228(c), that the defendant shall be removed from the United States promptly upon his release from confinement, or, if the defendant is not sentenced to a term of imprisonment, promptly upon his sentencing, and that the defendant be ordered removed to Suriname. .