Today Judge Vitaliano (EDNY) dismissed an indictment with prejudice after ruling that the government must choose between (1) complying with the Bail Reform Act or (2) continuing to hold the defendant in immigration detention notwithstanding that she had been released on bond. See United States v. Lopez, 17-cr-683 (1/19/18 electronic order).
This decision is the most recent contribution to a string of “Trujillo” decisions, see United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012). For practitioners’ convenience, this blog will maintain an updated list of all Trujillo decisions in the EDNY and SDNY. If you are aware of any decided cases that are not on this list, please contact our office.
Practitioners should also note this recent New York Times article, which confirms that Customs and Border Patrol (CBP) has only recently started placing people in immigration detention after they have been released on bond in a criminal case. In other words, ICE’s policy of violating the Bail Reform Act is a new one.
SDNY and EDNY Trujillo Decisions (all granting rellef)
United States v. Lopez, 17-cr-683 (Vitaliano, J., EDNY), bench ruling