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