United States District Court, W.D. Arkansas, Texarkana Division
A. BRYANT UNITED STATES MAGISTRATE JUDGE
the Court is the Motion to Detain filed herein by the
Government. ECF No. 8. The Motion was made on the day of
Defendant's initial appearance. ECF No. 5. On that same
day, Defendant waived an immediate hearing but requested a
later hearing be set on the issue of whether he should be
detained without bail pending trial in this matter. A hearing
was scheduled for today's date, December 19, 2019.
was taken into custody on December 5, 2019, by a Special
Agent with the Department of Homeland Security in DeQueen,
Arkansas. He was charged by Criminal Complaint on December
11, 2019, with violation of 8 U.S.C. § 1326, illegal
re-entry into the United States following a prior removal
without having obtained the permission of the Attorney
General or Secretary of Homeland Security of the United
States. ECF No. 1. He appeared for an initial appearance on
December 13, 2019. On December 19, 2019, a hearing was held
regarding the Government's Motion to Detain.
hearing on December 19, 2019, HSI Special Agent Jeremy
Ridenour testified he arrested Defendant on December 5, 2019,
for being illegally in the United States. SA Ridenour
encountered Defendant in a convenience store in DeQueen,
Arkansas. SA Ridenour was in DeQueen, in part, looking for
Defendant. At the time Defendant was taken into custody, he
admitted he was a native of Mexico and was illegally present
in the United States. While still at the scene of the arrest,
SA Ridenour also talked to Defendant's employer, Anthony
Worthy, who stated the Defendant had been working for the
employer for a period of 15 years. Further, Defendant's
wife, Barbara Lopez, also arrived at the scene and stated to
SA Ridenour that she was aware of Defendant's illegal
status and of his prior deportations from the United States.
Ridenour later checked Defendant's immigration and
criminal histories. Defendant had been removed from the
United States on three (3) prior occasions. Defendant had a
prior arrest and conviction for DWI and public intoxication
in DeQueen, Sevier County, Arkansas. SA Ridenour indicated
Defendant had numerous other contacts with law enforcement
consisting mainly of traffic citations. Finally, SA Ridenour
indicated that in 2009, Defendant's wife had filed the
appropriate form with the Department of Homeland Security to
establish that Defendant was in a “bona fide”
relationship with her. The Department approved this form and
found there was a “bona fide” relationship
between Defendant and Barbara Lopez. Mrs. Lopez is a United
Government also introduced copies of an IRS employment form
and a Social Security Card. SA Ridenour testified these
documents were received from Mr. Worthy at the Special
Agent's request for employment documents related to the
Defendant. Both documents purported to be for an individual
named Pablo Castillo Ramirez.
introduced evidence that he and his wife were living in
DeQueen, Arkansas. Defendant's stepson, Jorge Chabelo,
also testified at the hearing. Mr. Chabelo testified he was
19 years old and that he had known Defendant since he was one
(1). He testified Defendant had previously worked for
“Pilgram's” and later for Anthony Worthy. He
stated Defendant lived in DeQueen with Ms. Lopez and their
two (2) minor children.
note the charge in this case, a violation of 8 U.S.C. §
1326, illegal re-entry into the United States does not carry
the presumption of detention found at 18 U.S.C. §
3142(e). Further, the Court is governed in its decision by
the Bail Reform Act (BRA). Specifically, 18 U.S.C.
§3142(g) sets out four (4) factors to consider when
making the release determination. I will consider each of
those factors in turn.
Nature and Circumstance of the Offense: In this
case, Defendant is neither charged with a crime of violence
nor a drug trafficking crime. The nature of charge here is
one of status. This factor weighs in favor or release.
Weight of the Evidence Against the Defendant: At
this stage of the proceeding, the weight of the evidence
appears to be heavily in favor of a finding of guilt.
Defendant's immigration record indicates three (3) prior
removals. He has not obtained permission to return to the
United States. He admitted to the SA Ridenour he was a
citizen of Mexico and was here illegally. Accordingly, this
factor weighs in favor of detention.
History and Characteristics of Defendant: Defendant
has strong and long ties to the Community. He has lived in
DeQueen, Arkansas for approximately 18 years. He is employed
and has been for many years. He is married to a citizen of
the United States. He has two (2) children who appear to be
citizens of the United States. His criminal history is minor.
He was convicted of DWI in 2014 and public intoxication in
2016. In neither case ...