United States v. Jimenez
5:25-mj-00015
S.D.W. VaMay 30, 2025Background
- Jorge Gomez Jimenez was charged with violating 18 U.S.C. § 1546(a) (fraud and misuse of visas and other documents) and was in federal custody.
- The government sought pretrial detention, arguing that an ICE detainer meant Jimenez would be immediately removed and thus posed a serious flight risk.
- The defendant opposed detention, arguing that the ICE detainer did not constitute evidence of risk of flight or danger to the community.
- The Court held a preliminary and detention hearing, received briefs from both sides, and analyzed whether detention was legally permissible under the Bail Reform Act.
- The Court ultimately ordered Jimenez’s release on personal recognizance, with conditions, finding the government did not meet its burden to justify pretrial detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ICE detainer justifies pretrial detention | ICE detainer ensures defendant will flee jurisdiction and avoid trial | ICE detainer does not prove a serious risk of flight or danger | Government cannot seek detention solely on ICE detainer |
| Basis for detention hearing under § 3142(f) | Serious risk of flight due to imminent deportation | No statutory basis for detention; no evidence of risk of flight/danger | Government failed to establish grounds to seek detention |
| Risk of flight as defined by the Bail Reform Act | ICE removal inherently demonstrates serious risk of flight | Nonappearance caused by ICE is not defendant’s voluntary flight | Voluntary flight is required; ICE-induced removal is not enough |
| Appropriateness of release conditions | No release conditions will ensure appearance due to ICE detainer | Release conditions are adequate; detention is unwarranted | Release on personal recognizance with conditions ordered |
Key Cases Cited
- Henson v. Santander Consumer USA Inc., 582 U.S. 79 (2017) (different statutory language conveys different meanings; interpretive guidance for statutory construction)
- United States v. Salerno, 481 U.S. 739 (1987) (public interest in granting bond where a defendant qualifies)