Perez v. United States, ___ F.Supp. ___, ___ (D.N.Y. 2006) ("[B]ecause Petitioner has established that he is a United States citizen, it is a constitutional violation to convict him for reentering the United States. As a result, the Court finds that Petitioners conviction and, in turn, his sentence should be vacated pursuant to 28
U.S.C. 2255.")