United States District Court, W.D. Arkansas, Texarkana Division
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE.
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.
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.
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
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.
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).
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.
his Motion for Reconsideration, the Defendant asks the Court
to rescind it Order directing the Government to produce
Defendant for arraignment.
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 ...