I think Immigration Daily readers would be interested in the recent decision by US District Ourt Judge Kenneth Schroeder, Jr. in US v. Benamar Benatta, 01-CR-247E (USDC/WDNY) Sept. 12, 2003. In his Report, Recommendation and Order, as reprinted in the NY Law Journal of Sept. 25 and available online at the Court's website at http://www.nywd.uscourts.gov/decision/20030912_01cr247_schroeder.pdf, Judge Schroeder found that the respondent's being held for removal proceedings was a subterfuge on the part of the government which denied respondent his rights under both the Sixth Amendment and the Speedy Trial Act, 18 USC §3161(c)(1). As a result of the government's actions, Judge Schroeder recommended that the respondent's motion to dismiss the criminal indictment obtained against him be granted ad that the indictment be dismissed with prejudice. The decision is worth reading for the detailed analysis of both the Government's actions and the applicable laws.
Eugene J. Glicksman, Glicksman & Cardoso
New York, New York
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