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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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