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1932

Appendix B—Plea Agreement Form—Basis for Deportation is an Offense to Which the Defendant Will Plead Guilty

The following language may be appropriate to use in plea agreements when the defendant will stipulate to an administrative deportation order and the basis for deportation is an offense to which the defendant will plead guilty.

* Defendant agrees that he is not a citizen of the United States, and that he is a native of________________, and a citizen of_____________.

* Defendant agrees that when he is sentenced in the instant criminal proceeding, he will be convicted in this court for the offense of importing cocaine into the United States, in violation of 21 U.S.C. §§ 952 and 960, an aggravated felony as defined in Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(43)).

* Defendant acknowledges receipt of an Order to Show Cause dated [date of sentencing], charging that defendant is deportable by reason of his conviction in this criminal proceeding of an aggravated felony.

* Defendant acknowledges that his attorney has fully explained to him his right to a deportation hearing before an immigration judge.

* Defendant understands and knowingly waives his right to a hearing before an immigration judge, or any other authority under the Immigration and Nationality Act, on the question of his deportability from the United States. In this regard, defendant understands and knowingly waives his rights to examine the evidence against him, to present evidence on his own behalf, and to cross-examine witnesses presented by the government.

* Defendant agrees that all factual allegations contained in the Order to Show Cause dated _______ are true and correct.

* Defendant concedes that he is deportable from the United States as charged in the Order to Show Cause

* Defendant agrees and stipulates to accept an order of deportation knowing that it will result in his immediate deportation from the United States upon completion of any period of incarceration. Defendant agrees that the order be issued for his deportation to ______________.

* Defendant knowingly waives any and all rights to appeal, reopen, or challenge in any way the order of deportation.

* In exchange for defendant's stipulation to an order of deportation, the government agrees that a one [two] level downward departure under the sentencing guidelines is justified as conduct not contemplated by the guidelines, U.S.S.G § 5K2.0.

EDITOR'S NOTE: In regard to 5K2.0 departures, see United States v. Clase-Espinal, 115 F.3d 1054 (1st Cir.), cert denied, 522 U.S. 957 (1997), and Criminal Resource Manual 1999.
[updated August 2000] [cited in USAM 9-73.500]