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Criminal Resource Manual

1940. Appendix J -- Plea Agreement Forms For Stipulated Deportations

Outdated—pending revision.


The following language may be appropriate for inclusion in plea agreements when a defendant will stipulate to judicial deportation.

* 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 (8 U.S.C. § 1101(a)(43)).

* Defendant acknowledges that his rights in this proceeding with respect to his deportability from the United States have been fully explained to him by his attorney.

* Defendant understands and knowingly waives his right to a hearing before this court, or 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 government's notice of intent to request an order of judicial deportation in this proceeding are true and correct.

* Defendant concedes that he is deportable from the United States as charged in the government's notice of intent to request an order of judicial deportation.

* Defendant agrees and stipulates to accept a deportation order by the sentencing judge, knowing that this 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 deportation order of the sentencing judge.

* 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.

[cited in Criminal Resource Manual 1929; USAM 9-73.500]