Opinion
Criminal 20 CR 400 (JSR)
08-30-2021
UNITED STATES OF AMERICA v. JOSE MORELY CHOCRON, a/k/a "Pepe," Defendant.
ORDER OF JUDICIAL REMOVAL
HONORABLE JED S. RAKOFF, UNITED STATES DISTRICT JUDGE.
Upon the application of the United States of America, by Benet Jeanne Kearney, Assistant United States Attorney, Southern District of New York; upon the Factual Allegations in Support of Judicial Removal; upon the consent of Jose Morely Chocron, a/k/a "Pepe," (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 of Venezuela and citizen of Spain.
3. On or about March 11, 2020, the defendant was paroled into the United States 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: conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h).
5. A total maximum sentence of 20 years' imprisonment may be imposed for the above-mentioned offense.
6. The defendant is subject to removal from the United States pursuant to: (1) 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; (2) Section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), as an alien convicted of a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime; and (3) Section 212(a)(2)(I)(ii) of the Act, 8 U.S.C. § 1182(a)(2)(I)(ii), as an alien who has been a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in section 1956 or 1957 of title 18 (relating to laundering of monetary instruments).
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 Venezuela, or in the alternative Spain, as the country for removal pursuant to Section 240(d) of the Act, 8 U.S.C. § 1229a(d). WHEREFORE, 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 Venezuela or in the alternative to Spain.