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Factual Allegations in Support of Request for Judicial Order of Deportation
(Multiple Crimes Involving Moral Turpitude)
(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 offenses of ___________,
committed on or about __________, 19__, in violation of _________; and
____________, committed on or about____________, 19__, in violation of
_______________.
Wherefore, at his sentencing, Defendant will be subject to
deportation under Section 241(a)(2)(A)(ii) of the Immigration and
Nationality Act, as amended (Act), (8 U.S.C. § 1251(a)(2)(A)(ii)),
in that he will have been convicted of two or more crimes involving
moral turpitude at any time after entry, not arising out of a single
scheme of criminal misconduct, regardless of whether confined therefor
and regardless of whether the convictions were in a single trial.
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] |