Opinion
21 CR 771 (AKH)
10-04-2022
UNITED STATES OF AMERICA v. LEVON MATINYAN Defendant.
DAMIAN WILLIAMS United States Attorney Southern District of New York Cecilia Vogel Assistant United States Attorney
DAMIAN WILLIAMS United States Attorney Southern District of New York Cecilia Vogel Assistant United States Attorney
FACTUAL ALLEGATIONS IN SUPPORT OF JUDICIAL REMOVAL
NOTICE IS HEREBY GIVEN TO LEVON MATINYAN (“the defendant”) and to his attorney of record, Margaret Shalley, 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 and citizen of Israel.
3. The defendant arrived and applied for admission to the United States, on or about November 2, 2021, at the San Ysidro Port of Entry in California.
4. On November 17, 2021, the defendant was paroled to the custody of the FBI pending criminal prosecution.
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, under Count One of the Indictment, which charges the defendant with conspiracy to smuggle aliens, in violation of Title 8 United States Code Section 1324(a)(1)(A)(v)(I).
6. The maximum sentence for this violation is five years' imprisonment.
7. The defendant is, and at time of sentencing will be, subject to removal from the United States pursuant to: (1) Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act of 1952 (“INA”), as amended, 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; (2) Section 212(a)(6)(E)(i) of the INA, 8 U.S.C. § 1182(a)(6)(E)(i), as an alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or try to enter the United States in violation of law; and (3) Section 212(a)(6)(A)(i) of the INA, 8 U.S.C. § 1182(a)(6)(A)(i), as an alien who is present in the United States without being admitted or paroled, or who arrived in the United States at any time or place than as designated by the Attorney General.
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 Israel.