Summary
The Seventh Circuit denied Alfredo Juarez-Perez’s motion for release pending trial on a federal illegal-reentry charge. The court held that an immigration detainer does not eliminate the need to assess flight risk under the Bail Reform Act and agreed that his criminal history, repeated illegal reentries, use of aliases, and likelihood of reentry supported detention. The court concluded that no conditions of release could reasonably assure his appearance.
Topics
Practice areas
Questions Presented
- Whether the district court erred in revoking the magistrate judge's release order and ordering pretrial detention under the Bail Reform Act when an immigration detainer existed.
- Whether the existence of an ICE detainer and potential removal eliminates the risk of flight under the Bail Reform Act.
- Whether the risk of flight under the Bail Reform Act is limited to leaving the jurisdiction where the federal charge is pending.
Holdings
- The existence of an ICE detainer does not obviate the need to apply the Bail Reform Act's statutory factors for pretrial detention in a criminal prosecution.
- Temporary detention in an ICE facility prior to removal does not substantially reduce the risk of flight when the defendant has a history of illegal reentry and use of aliases.
- The risk of flight under the Bail Reform Act is not limited to leaving the jurisdiction; it includes evasion of criminal prosecution, which can be accomplished even within a district.
Key quotations
“But evasion can be accomplished even within a district.” (at 5)
Factual background
Defendant Alfredo Juarez-Perez, a citizen of Mexico with a lengthy criminal record including state convictions for sexual assaults, failure to register as a sex offender, and driving while intoxicated, as well as federal convictions for distributing cocaine and illegal reentry, illegally reentered the United States for the third time. He was arrested in Sun Prairie, Wisconsin, and ICE lodged a detainer against him. Following an indictment for illegal reentry, a magistrate judge ordered his release, but the district court revoked that order and ordered detention.
Procedural history
A magistrate judge ordered defendant released, finding the immigration detainer precluded a risk of flight. The government moved for revocation. The district court revoked the release order and ordered detention. Defendant appealed the detention order.