DueProcess Immigration
1. Whether the State of New Jersey violated Petitioner's rights under
the Due Process Clause of the Fourtheenth Amendment by sentencing
him more than six'. (6) years after his scheduled sentencing date/
set by the court when the delay was caused by his involuntary
deportation by federal authorities, and the State made no effort
:> to secure his presence?
2. Whether sentencing a defendant six (6) years later under these
circumstances, despite knowledge of the defendant's location and
inability to appear due to federal deportation, violates the Fifth
and Six Amendment rights to be present and to a fundamentally fair
sentencing hearing.
3. Whether the issuance of a fugitive warrant in such circumstances
improperly shifts the burden to the defendant/petitioner to appear
despite being legally and physically unable to return to the United
States, thereby denying access to judicial process.
4. Whether the State Court violates the Due Process Clause of the
Fourteenth Amendment by continuing the criminal proceedings by
issuing a fugitive warrant against defendant who has been deported
by Federal Authorities and whose absence was known or reasonably
discoverable by the court.
5. Whether the prosecuting Official granted permission for Petitioner
Allen removal or not?
6. Whether a State violates the Due Process Clause of the Fourteenth
Amendment by allowing a noncitizen defendant to be deported prior
to final sentencing, and then later issued a fugitive warrant to
prosecute and sentenced the defendant.
7. Whether a State may reassert jurisdiction over a deported defendant
whose removal it allowed to occur without objection, without violating
principles of federalism and the constitutional separation between
federal immigration enforcement and state criminal proceedings.
Whether the State of New Jersey violated Petitioner's Due Process rights by sentencing him more than six years after his scheduled sentencing date due to involuntary deportation and lack of state effort to secure his presence