Factual Allegations in Support of Request for Judicial Order of
Deportation (Aggravated Felony)
(8 U.S.C. § 1252a(d))
The United States Attorney Charges:
- The defendant, ____________, is not a citizen or national of the
United States.
- Defendant is a native of____________, and a citizen
of______________.
- Defendant entered the United States at/near ____________ on or about
____________, 19__.
- At that time, Defendant entered as a ______________.
- At the time of sentencing in this criminal proceeding, Defendant
will be convicted in this court for the offense of ___________,
committed on or about __________, 19__, in violation of
_________[e.g. 21 U.S.C. § 952 and 960, Importation of a
Controlled Substance--cocaine].
Wherefore, at his sentencing, Defendant will be subject to
deportation under Section 241(a)(2)(A)(iii) of the Immigration and
Nationality Act, as amended (Act), (8 U.S.C. § 1251(a)(2)(A)(iii),
in that at any time after entry, Defendant will have been convicted of
an aggravated felony as defined in Section 101(a)(43) of the Act, 8
U.S.C. § 1101(a)(43).
Accordingly, pursuant to Section 242A(d) of the Act, 8 U.S.C.
§ 1252a(d), the Government requests that this Court, after imposing
sentence, order that the defendant be deported from the United States so
that promptly upon his release from confinement herein, the Immigration
and Naturalization Service may execute said deportation order according
to applicable laws and regulations.
Dated_____________
_____________________
United States Attorney
CONCURRENCE OF IMMIGRATION AND NATURALIZATION SERVICE
Based upon the factual allegations stated above, on behalf of
the Commissioner of the Immigration and Naturalization Service, I concur
in the request by the Government herein that a judicial order of
deportation be issued.
Dated_________________
______________________
Name/Title/Office
NOTE: The INS concurrence may also be in the form of an appended letter
from the authorized official.
[cited in Criminal Resource Manual 1926; USAM 9-73.500] |