Opinion
NO. CR-12-6022-LRS
05-16-2012
UNITED STATES OF AMERICA, Plaintiff, v. MANUEL SANCHEZ-CISNEROS, Defendant.
ORDER OF DISMISSAL
The Government concedes that errors occurred during Defendant's deportation proceedings which constitute due process violations under existing Ninth Circuit precedent. (ECF No. 26). Accordingly, Defendant's Motion To Dismiss Indictment (ECF No. 21) is GRANTED and the Indictment is DISMISSED.
The U.S. Marshal Service shall immediately either release the Defendant from U.S. Marshal custody or, if Defendant is subject to an immigration hold, transfer custody of him to the appropriate authority for further proceedings.
IT IS SO ORDERED. The District Executive shall forward copies of this order to counsel of record, to the U.S. Probation Office, and to the U.S. Marshal Service.
______________________
LONNY R. SUKO
United States District Court Judge