FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALEXANDRE GRADYS,
               Defendant.
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Criminal No. 2008-56
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ATTORNEYS:
Ishmael Meyers, Jr. 
St. Thomas, U.S.V.I.
For the plaintiff,
Jessie A. Gessin, AFPD
St. Thomas, U.S.V.I.
For the defendant.
ORDER
GÓMEZ, C.J.
Before the Court is the motion of the defendant, Alexandre
Gradys (“Gradys”), to dismiss the indictment filed against him in
the above-captioned matter.
On August 12, 2008, Gradys applied for asylum with the
Citizenship and Immigration Service (“CIS”) in St. Thomas, U.S.
Virgin Islands.  A CIS records check revealed that Gradys had
Case: 3:08-cr-00056-CVG-GWB   Document #: 10   Filed: 12/16/08   Page 1 of 2
United States v. Gradys
Criminal No. 2008-56
Order
Page 2
previously been deported, and did not have permission to reenter
the United States.  When Gradys appeared for his asylum
interview, he was arrested.
On December 4, 2008, the grand jury returned a superceding
indictment (the “Indictment”) against Gradys.  The Indictment
charges Gradys with illegally reentering the United States
without permission after previously having been deported, in
violation of 8 U.S.C. § 1326(a).
Gradys argues that the Indictment in this matter must be
dismissed in light of his pending application for asylum. 
However, Gradys has not cited, nor is the Court aware of, any
authority for the proposition that a court must dismiss a
criminal indictment to enable an alien to obtain asylum.  Gradys
is not entitled to dismissal of the Indictment simply due to the
fact that he has a pending application for asylum. Cf. United
States v. Reyes-Salgado, 13 Fed. Appx. 705, 706 (9th Cir. 2001)
(holding that dismissal of a criminal indictment was not
appropriate on grounds that the government refused to grant him
an asylum hearing) (unpublished).
 Accordingly, it is hereby
ORDERED that the motion to dismiss is DENIED.
           S\                          
        CURTIS V. GÓMEZ
       
     Chief Judge
Case: 3:08-cr-00056-CVG-GWB   Document #: 10   Filed: 12/16/08   Page 2 of 2