Thursday, August 17, 2006
Government Opposes Habeas for 'Innocent' Man
Duarnis Saul Perez served an entire 57-month sentence for illegally re-entering the United States after being deported. Unfortunately for Mr. Perez he is an American and therefore could not be an illegal alien. He did not discover he was an American citizen, however, until after Immigration and Customs Enforcement while doing a routine check preparing for his second deportation.
Perez filed a sec. 2255 petition to vacate his conviction. The government opposed the petition even though it conceded Mr. Perez was, in fact, factually innocent. The
New York Law Journal has the rest.
Congrats to J. Jeffrey Weisenfeld, as well as to the unidentified representative of the Immigration and Customs Enforcement who advised Mr. Perez that he could not be deported because he is a citizen.
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