Archive | ICE detention

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 …

In an otherwise slow holiday week, Eastern District Chief Judge Irizarry has reaffirmed that ICE cannot detain noncitizens who are being federally prosecuted and have met their bond conditions. The opinion in United States v. Benzadon Boutin, No. 17-cr-590 (DLI), is available here. The decision is the latest in the “Trujillo” line of cases, see United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012). This case law now include two opinions by Chief Judge Irizarry and one by Southern District Judge Carproni. (Our discussion of Judge Caproni’s opinion includes suggestions for attorneys considering whether to file a “Trujillo” motion.)

Mr. Benzadon Boutin was indicted for theft of public property and money laundering. He satisfied his bond conditions, but was nevertheless kept in custody pursuant to an ICE detainer. Chief Judge Irrizarry held that “once a criminal prosecution is initiated and …

Chief Judge Irizarry recently issued the first EDNY decision holding that once a defendant has been granted pretrial release under the Bail Reform Act, the defendant may not be detained by ICE while his prosecution is pending. In United States v. Rosario Ventura, 17-cr-418, Judge Irizarry held that “the Government must either release Defendant under the bond conditions set in this case and continue the instant prosecution, or dismiss the indictment without prejudice, forego its illegal reentry prosecution, and proceed with Defendant’s removal.” The decision is available here. (As we’ve reported, Southern District Judge Caproni recently issued a similar decision.)

Mr. Rosario Ventura met the bail conditions set by a magistrate judge pursuant to the Bail Reform Act. Immediately after his release from criminal custody, however, ICE detained Mr. Rosario Ventura and held him in immigration custody. He then filed a motion to compel ICE to release …

In the first decision of its kind within the Second Circuit, Judge Caproni in the SDNY held that once a defendant has met the conditions of release imposed under the Bail Reform Act, ICE cannot detain that defendant unless it is actually taking steps to remove him.  You can read the opinion in United States v. Galitsa, 17 Cr. 324 (VEC), here.

Mr. Galitsa met the bail conditions set by Magistrate Judge Fox at presentment.  Because ICE had filed a detainer, he was transferred to ICE custody rather than released after meeting his bail conditions.  Six days later, the government had Mr. Galitsa transferred back to the MDC Brooklyn pursuant to a writ of habeas corpus ad prosequendum.  He moved to dismiss the indictment or, in the alternative, to compel his release from custody.  The government conceded that, since detaining Mr. Galitsa, ICE had taken no steps to …