Outdated—pending revision.

Factual Allegations in Support of Request for Judicial Order of Deportation (Aggravated Felony)

(8 U.S.C. § 1252a(d))

The United States Attorney Charges:

1. The defendant, ____________, is not a citizen or national of the United States.
2. Defendant is a native of____________, and a citizen of______________.
3. Defendant entered the United States at/near ____________ on or about ____________, 19__.
4. At that time, Defendant entered as a ______________.
5. At the time of sentencing in this criminal proceeding, Defendant will be convicted in this court for the offense of ___________, committed on or about __________, 19__, in violation of _________[e.g. 21 U.S.C. § 952 and 960, Importation of a Controlled Substance--cocaine].

Wherefore, at his sentencing, Defendant will be subject to deportation under Section 241(a)(2)(A)(iii) of the Immigration and Nationality Act, as amended (Act), (8 U.S.C. § 1251(a)(2)(A)(iii), in that at any time after entry, Defendant will have been convicted of an aggravated felony as defined in Section 101(a)(43) of the Act, 8 U.S.C. § 1101(a)(43).

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; JM 9-73.500]