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Virginia Immigration Lawyers Deportation Federal Criminal La
,burberry chaussures UNITED STATES OF AMERICA,solde burberry femme, v. JUAN ADALVERTO VEGA-PENA UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA,chemisier femme burberry, NORFOLK DIVISION 668 F. Supp. 2d 742 November 4, 2009,trench Burberry, Decided

Whether,vente privée burberry, prior to March 19,Man chasing 300 meters flew robbery girl gold neck, 2004, federal immigration officials were aware of defendant's presence in the United States? When the limitations clock started running for the purpose of § 1326?

Disclaimer:

Defendant illegally reentered the United States in 1992 and timely filed a petition for asylum in that same year. On April 25,Burberry pas cher, 2001,www.burberry.com/, defendant submitted an INS application for Temporary Protected Status. In addition to his 2001 TPS application, defendant's immigration file contains a more recent TPS application,Burberry, submitted in March of 2005. The second TPS application indicates that it was "DENIED" on August 21,chaussure burberry homme,   2006. Following such denial,trench femme burberry, INS deemed Vega-Pena to be in an unauthorized period of stay in the United States and he was reported to the INS Fugitive Operations Division in December of 2006 as an "absconder." Defendant was arrested on November 15, 2008,imperméable burberry femme, by the City of Norfolk Police Department and federal immigration officials were thereafter contacted. Two days after his arrest,ensemble burberry bébé, INS issued a Notice of Intent/Decision to Reinstate Prior Order of deportation. The matter was before the court on defendant's motion to dismiss the criminal indictment pending against him on the ground that it was barred by the statute of limitations.

Issue:

The court finds that the INS had actual knowledge of Vega-Pena's true identity and status as an illegal reentrant either in 2001,site officiel burberry, or 2003,vetement enfant burberry, both more than five years prior to the issuance of the indictment. In reaching such conclusion,Burberry solde, the court rejects the government's argument that the limitations clock should not start running because Vega-Pena both failed to report his original A-number to INS and made misstatements on his INS applications regarding his name,burberry solde, criminal history,manteau burberry homme, and prior deportation. Regardless of whether defendant attempted to deceive INS through such misstatements,veste matelassée burberry, it simply did not work,doudoune burberry enfant,Folic Acid for Hair Growth, and once INS actually discovered defendant's true identity and presence in the United States as an illegal re-entrant, he was "found" for purposes of § 1326 and the limitations clock started running. Here,chaussure burberry, like in Gunera,imperméable burberry homme, the court finds distinguishable the cases where immigration authorities could not have known of the illegality of the alien's presence because the alien gave a false name or omitted other key information that concealed his identity,vetement burberry enfant, id.,veste burberry femme, because Vega-Pena's identity was not successfully concealed beyond either 2001,imperméable burberry, or 2003,Operation Eviction Process California,blouson burberry homme, both of which are more than five years before the indictment was issued.

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.

Hence this court granted the Defendant's motion to dismiss the indictment.