| Man Arrested
With $100000 Cash In Bag Asks SDNY To
Expunge Arrests So Not Deported
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 28 – A man arrested in The
Bronx with $100,000 cash in a
shopping bag by the US Drug
Enforcement Agency in 2012 is
seeking to have the arrest
expunged.
In a
filing on Christmas Eve
docketed on December 28,
Emmanuel Almonte-Mejia a/k/a
Javier Cumba-Diaz argues that
after the arrest and
cash-find, the DEA declined to
prosecute.
Now living
in Pennsylvania, he faces
deportation to the Dominican
Republic unless the arrest is
expunged.
The filing, found
by Inner City Press in the
holiday docket at the U.S.
District Court for the
Southern District of New York,
acknowledges that "there is no
federal statute authorizing
the expungement of arrest
records" - but cites two
Second Circuit Court of
Appeals cases, 1977 and 2016,
as affirming a district
court's authority to order the
expungement of an arrest
record.
The stop
that found the $100,000 in
front of 3591 Bainbridge
Avenue did not, it is argued,
follow from any probably
cause. The DEA agents did not
see what apartment the suspect
went into, or came out
of.
"The
Plaintiff is seeking to live
the American dream," it
concludes.
The case is
In re Almonte-Mejia, 20-mc-796
(Gardephe)
***
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