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United States v. Garcia-Anzures

United States District Court, W.D. Arkansas, Texarkana Division

April 3, 2019

UNITED STATES OF AMERICA PLAINTIFF
v.
JUAN PABLO GARCIA-ANZURES DEFENDANT

          ORDER

          HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE.

         On April 3, 2019, the Defendant appeared for arraignment on the Indictment (ECF No. 22) pending in this case. In addition to arraignment, also before the Court is the Defendant's Motion for Reconsideration of the Court's Order to produce the Defendant for arraignment. ECF No. 31. The Motion for Reconsideration as been referred to the undersigned for decision. ECF No. 32. Prior to the arraignment the Court conducted a hearing on the Motion. ECF No. 33. For the reasons stated below, the Court DENIES the Defendant's Motion for Reconsideration.

         1. Background

         On February 11, 2019, Defendant was charged by Criminal Complaint with illegal re-entry into the United States by a person previously deported. ECF No. 1. He appeared for an initial appearance on February 19, 2019. ECF No. 5. The Federal Defender was appointed to represent Defendant. ECF No. 7. The Government moved to Detain Defendant pending trial. ECF No. 8. Defendant was temporarily detained pending a hearing. ECF No. 9. On February 21, 2019, a hearing was held regarding the issue of pre-trial detention. ECF No. 10. Following the hearing, the Court determined the Defendant should be released pending trial and Ordered he be released on conditions. ECF No. 12. Pursuant to 18 U.S.C. § 3142(d)(1)(B), the Order setting conditions of release included a ten (10) day stay to allow the Government to determine if it would deport Defendant. ECF No. 12, p. 2.

         On February 21, 2019, Defendant was remanded to the custody of the U.S. Marshal for a period not to exceed 10 days (excluding Saturdays, Sundays and holidays). On March 1, 2019, the Government filed its Motion to Stay Orders of Pretrial Release (ECF No. 15), in order to allow it to seek review of the Order of Release. On March 5, 2019, the Motion to Stay was granted allowing the Government up to and including March 25, 2019. ECF No. 19. Defendant was ordered to remain in the custody of the U.S. Marshal until that date.[1]

         On March 4, 2019, the Government filed its Motion asking the District Judge to review the decision of the undersigned in granting Defendant pre-trial release. ECF No. 17. The Defendant filed his response on March 8, 2019. ECF No. 20. On March 21, 2019, Chief United States District Judge Susan O. Hickey affirmed the decision of the undersigned and ordered “Defendant shall be released subject to the conditions previously imposed by Judge Bryant.” ECF No. 26, p. 9.

         On or about March 22, 2019, ICE again took administrative custody of Defendant. He was subsequently transferred to the ICE facility in Jena, Louisiana, for purposes of removal from the United States pursuant to a re-instated order of removal under the Immigration and Naturalization Act (INA).

         In the interim period of time, on March 14, 2019, Defendant was indicted. ECF No. 22. In the Indictment, Defendant was charged with (1) use or possession of a counterfeit United States Permanent Resident Card and a counterfeit Social Security Card; (2) falsely representing a Social Security Number had been assigned to him; and (3) illegal re-entry into the United States after a prior deportation. Counts One and Two are new criminal charges against this Defendant. On March 28, 2019, the Court entered its Order directing the Government to produce Defendant for an Arraignment on the Indictment on April 3, 2019. ECF No. 28. On April 2, 2019, Defendant filed his Motion for Reconsideration of the Order directing the Government to produce Defendant for Arraignment. ECF No. 31.

         2. Discussion

         With his Motion for Reconsideration, the Defendant asks the Court to rescind it Order directing the Government to produce Defendant for arraignment.

         The Bail Reform Act (“BRA”) clearly contemplates a situation such as the present one, where a person not legally in the United States is granted pre-trial release in a criminal matter. Specifically 18 U.S.C. § 3142 (d) provides in part:

(d) Temporary detention to permit revocation of conditional release, deportation, or exclusion
--If the judicial officer determines ...

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