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U.S. v. Giraldo

United States District Court, S.D. New York
Aug 7, 2008
05 Cr. 1001 (RMB) (S.D.N.Y. Aug. 7, 2008)

Opinion

05 Cr. 1001 (RMB).

August 7, 2008


ORDER


I. Background

On January 29, 2008, Miguel Angel Garces Giraldo ("Defendant"), proceeding before United States Magistrate Judge Debra Freeman, pled guilty to one count of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h). (See Transcript of proceedings held Jan. 29, 2008.) On February 11, 2008, this Court accepted Defendant's plea. (See Order, dated Feb. 11, 2008 [# 53].) On April 15, 2008, the Court sentenced Defendant to a term of 41 months of imprisonment, with credit for time served in Colombia while awaiting extradition. (See Judgment and Commitment Order, dated Apr. 15, 2008 [# 81].) Defendant is currently serving his sentence.

In a letter, dated June 24, 2008, Defendant, proceeding pro se, moves for "[i]mmediate [d]eportation and or [r]emoval . . . pursuant to [the] Immigration and Nationality Act [ 8 U.S.C. § 1231(a)(4)(B)]." (Defendant's Letter to the Hon. Richard M. Berman, dated Jun. 24, 2008 ("Motion") [# 113], at 1.) By memorandum dated July 1, 2008, the Government argues, among other things, that Defendant's motion should be denied because "this Court does not have jurisdiction to compel deportation." (Government's Memorandum, dated July 1, 2008 ("Govt.'s Mem.") [# 114], at 3.)

Defendant cites to 8 U.S.C. § 1252(h)(2)(A) which has been re-codified as 8 U.S.C. § 1231(a)(4)(B). See Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L 104-208, § 305(a), 110 Stat. 3009, (Sept. 30 1996); see also United States v. Munoz-Pulgo, No. 01 Cr. 954, 2003 WL 22047210, at *1 n. 1 (S.D.N.Y. Aug. 29, 2003).

For the reasons set forth below, Defendant's motion is denied.

II. Legal Standard

8 U.S.C. § 12318 U.S.C. § 1231Thye v. United States109 F.3d 127128

Where, as here, a party is proceeding pro se, the Court construes his claims liberally, see Marmolejo v. United States, 196 F.3d 377, 378 (2d Cir. 1999); Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994).

III. Analysis

IV. Conclusion

United States v. Munoz-Pulgo2003 WL 22047210see also Cepeda v. Immigration and Naturalization Service273 F. Supp. 2d 222224


Summaries of

U.S. v. Giraldo

United States District Court, S.D. New York
Aug 7, 2008
05 Cr. 1001 (RMB) (S.D.N.Y. Aug. 7, 2008)
Case details for

U.S. v. Giraldo

Case Details

Full title:UNITED STATES OF AMERICA, Government, v. MIGUEL ANGEL GARCES GIRALDO…

Court:United States District Court, S.D. New York

Date published: Aug 7, 2008

Citations

05 Cr. 1001 (RMB) (S.D.N.Y. Aug. 7, 2008)