PROSECUTOR MOVES TO DISMISS ILLEGAL RE-ENTRY CASE AGAINST OHIO MAN

By Edward Shulman (383 words)
Posted in Immigration Law on May 08, 2014

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An Erie, Pennsylvania federal prosecutor requested dismissal of a criminal case against an Ohio resident named Alfredo Ramos Gallego. Mr. Gallego was charged with illegal re-entry in to the United States back in February. Subsequently, a group of immigration activists demonstrated in Erie against the prosecution demanding the charges be dropped. When making his announcement that his office would ask the court to dismiss the charges, the US Attorney David J. Hickton indicated that the case should not have been brought in Erie. He cites improper venue as a reason for his request to the court.

Mr. Gallego was a passenger in a car that was stopped by police in Mentor, Ohio. The case was handled by officers from the border police station in Erie, Pennsylvania, because the agents at that station cover parts of Ohio as well as Pennsylvania. Now, however, the US Attorney believes that the facts and circumstances of Mr. Gallego’s case warrant dismissal.  The District Court judge assigned to the case has yet to rule on the motion so the case is still pending.

Mr. Gallego who has been found to have illegally entered this country on 5 occasions was detained for violation or a previously-entered deportation order. Nevertheless, when he went to court in March, the government agreed to a stay of his removal order for at least one year. He is currently out of detention back at his home in Painesville, Ohio.

Gallego’s attorney discouraged the notion that his request was related to the protests of his arrest that occurred in Erie and credited the US Attorney for his action, stating ” I am happy he had an open mind, and I commend him for doing what he thought was right.” He also added that his client was very happy with the outcome.         

At The Shulman Law Group, LLC our immigration lawyers have experience with those who are in the United States, and have been charged or convicted of a crime, and are subsequently placed in deportation or removal proceedings.  Our lawyers are constantly seeking to find creative solutions to our clients' deportation problems by staying abreast of new laws and regulations in addition to federal court decisions affecting immigrants.   

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