The case against Alfredo Ramos Gallegos sparked a sizeable protest outside the Erie federal courthouse in March.
The attorney David Hickton said in the motion that the dismissal of the felony charge against Ramos Gallegos would be "in the interests of justice."
Gallegos, was indicted in March on charges he violated federal law by illegally re-entering the United States without permission soon after being deported by an immigration judge in 2000.
US District Judge David S. Cercone, has not yet ruled on the motion.
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