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Non-Citizen Defendant DUI Case Dismissed After Deportation

Case Conclusion Date: 01.01.2011

Practice Area: Immigration

Outcome: all charges dismissed

Description: I successfully persuaded state criminal court to quash bench warrants issued & dismiss DUI case after non-citizen defendant was deported. Through brief and motions I successfully showed court that the State should have prevented deportation of client by gaining a departure control order. I argued that issuance of a bench warrant for defendant taken into federal custody & deported would violate defendant's fundamental rights to due process & equal protection. Since the District Attorney's Office had not attempted to transport the defendant to state custody and didn't use state's powers to prevent deportation, the court dismissed the charges.

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