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 … Read more

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, … Read more

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 … Read more

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 … Read more