MEMORANDUM & ORDER Raymond Leonard (“Defendant”), a Guyanese national, was convicted of attempted assault and criminal possession of stolen property. An immigration judge determined Defendant was deportable and ordered him removed. Thereafter, Defendant reentered the United States without permission and was charged by Indictment with Illegal Reentry under 8 U.S.C. §§1326(a) and 1326(b)(2). Pending are Defendant’s motions to dismiss the Indictment, both of which claim the underlying removal order was defective. For the following reasons, the Court denies the motions in their entirety. BACKGROUND I. Early Criminal History Defendant is a citizen and national of Guyana. Compl. 2, ECF No. 1; Def. Mem. at 2, ECF No. 33. After entering the United States on November 21, 1982, he eventually became a legal permanent resident and moved to New York. See Gov’t Mem. at 6; see id Ex. A, ECF No. 38-1. In February 1987, when Defendant was 16 years old, he was charged in Queens County, New York of criminal possession of stolen property in the fourth degree, a felony, in violation of New York Penal Law (“NYPL”) §165.45. Gov’t Mem. at 6. Due to his age, Defendant was adjudicated as a “youthful offender” under NYPL §720.10. See id. That provision permits qualifying individuals between the ages of 16 and 19 to receive an informal adjudication in place of being convicted of a crime. See Murphy v. Costello, No. 10-CV-3909 (JG), 2011 U.S. Dist. LEXIS 7310, at *22-23 (E.D.N.Y. Jan. 26, 2011) (Gleeson, J.); see also NYPL §§720.20 & 720.35(1). The state court determined Defendant was eligible to be adjudicated as a youthful offender and sentenced him to five years of probation.1 See Gov’t Mem. at 6. That same year, Defendant was again charged with the same offense in Nassau County. Id He pled guilty on March 16, 1987. Id; see id. Ex. C (certificate of disposition). But because Defendant had “previously been adjudicated as a youthful offender following conviction of a felony” for his February 1987 offense, Defendant no longer qualified as a youthful offender under NYPL §720.10(2)(c) and was sentenced to 30 days of imprisonment. See id.; see also id. Ex. B, ECF No. 38-2. Defendant was also convicted of criminal mischief, a misdemeanor, in violation of NYPL §145.00 in April 1990. Id. at 6-7. For this offense, Defendant was sentenced to six months of imprisonment. Id. at 7. He was also convicted of attempted possession of burglar tools, a misdemeanor, in violation of NYPL §§140.35 and 110, and sentenced to 90 days of imprisonment. Id. In July 1990 and October 1993, Defendant was twice convicted of unauthorized use of a motor vehicle in the third degree, a misdemeanor, in violation of NYPL §165.05. Id. For the first offense, Defendant was sentenced to six months of imprisonment; for the second, he received three years of probation. Id. In July 1994, Defendant and another individual were arrested and charged with attempted murder in the first degree with a weapon, robbery in the first and second degrees, assault in the first degree, and criminal possession of a weapon in the fourth degree. Id. at 7; Gov’t Mem. Ex. D, ECF No. 38-4. In February 1995, Defendant pled guilty to a reduced charge of attempted assault in the second degree, a felony, in violation of NYPL §§110 and 120.05 and sentenced to 17 months to three years of imprisonment. Id. at 7. II. Immigration Proceedings Following his conviction for attempted assault, the Immigration and Naturalization Service (“INS”) charged Defendant with being subject to removal under Section 241(a)(2)(A)(ii) of the Immigration and Nationality Act (“INA”). Gov’t Mem. at 7-8. Under this provision, an alien who is convicted, at any time after entry, of two crimes involving moral turpitude (“CIMT”) not arising out of a single scheme or criminal misconduct may be deported from the United States. Id. at 8. The INS alleged Defendant was removable because he was convicted of two such CIMTs: his May 1987 Nassau County conviction for criminal possession of stolen property in the fourth degree, and his February 1995 conviction for attempted assault in the second degree. Id. On January 6, 1998; the INS issued an additional charge against Defendant, alleging he was also removable under INA§241(a)(2)(A)(iii) because he had been convicted of an aggravated felony. Def. Mem. at 8 n.5; see id Ex. A. To represent him in his immigration proceedings, Defendant hired Kerry Bretz and his law firm as counsel. Id. At a proceeding on May 22, 1997, defense counsel admitted to the INS’s allegations and conceded his client’s deportability, but stated he nonetheless intended to apply for relief. Id. at 9. At a later hearing, defense counsel retracted his concession concerning his client’s deportability and, on September 22, 1997, submitted briefing arguing that the Defendant’s convictions were not CIMTs. Id He also applied for a waiver under then-Section 212(c) of the INA, which permitted lawful permanent residents convicted of certain crimes to apply to an immigration judge for discretionary relief from deportation. Id. After holding a hearing, the immigration judge denied Defendant’s request for Section 212 relief, determined that his two convictions were CIMTs, and ordered him removed to Guyana based on the INS’s allegations.2 Id. The immigration judge advised Defendant of his appeal rights, and Defendant reserved his right to appeal. Id. at 10. Defense counsel appealed the immigration judge’s denial to the Board of Immigration Appeals (“BIA”). Id. The only issue raised on appeal concerned the immigration judge’s denial of Section 212 relief — not whether the underlying convictions constituted CIMTs. Id. On March 1, 2004, the BIA affirmed the immigration judge’s ruling and denied the appeal. Id. Defendant remained in the United States until he was again arrested and removed to Guyana by immigration authorities in 2010. Id. III. Current Charge Thereafter, Defendant reentered the United States at an unknown date. On or about September 8, 2017, he was arrested in Brooklyn, New York on charges of (1) Criminal Possession of a Controlled Substance in the Seventh Degree, (2) Unauthorized Use of a Motor Vehicle, and (3) Driving While Intoxicated. Compl. 3. Defendant was released with a pending court date of October 24, 2017. Id. When he failed to appear, a bench warrant was issued for his arrest. Id. Meanwhile, law enforcement authorities cross-referenced Defendant’s biometric information with his immigration records. Id.
