What is the current state of the law on an appeal made by a defendant subject to deportation who has not yet been deported?
MultiRegion, United States of America
The following excerpt is from United States v. Herrera-Cruz, 19-1772-cr (2nd Cir. 2020):
1. We have since clarified that our holding in Mercurris does not extend to appeals made by defendants subject to deportation who have not yet been deported, see United States v. Mazza-Alaluf, 621 F.3d 205, 213 (2d Cir. 2010), or to sentencing appeals filed by the Government, see United States v. Suleiman, 208 F.3d 32, 37 (2d Cir. 2000). Neither scenario, however, is presented here.
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