426 F.Supp.3d 408
E.D. Ky.2019Background
- Defendant Marcos Reyes-Arguello, an alien subject to an ICE detainer, was arraigned on a federal indictment and requested a pretrial detention hearing.
- The Government opposed holding a detention hearing, arguing the ICE detainer renders the issue of detention not ripe because Immigration intends prompt custody/removal.
- The legal tension: the Bail Reform Act (BRA) presumes release absent findings under 18 U.S.C. § 3142, while the Immigration and Nationality Act (INA) and ICE detainers prioritize swift removal of aliens (8 C.F.R. § 287.7).
- The BRA provides for detention hearings and individualized assessment under § 3142; neither the BRA nor the INA expressly says an ICE detainer bars a detention hearing.
- Several district courts have treated ICE detainers as not automatically preventing release on bond; others have treated removal orders as dispositive—this Court followed the line refusing to create an automatic exception to the BRA.
- The Court held that a defendant with an ICE detainer is entitled to a § 3142 detention hearing; the detainer is a factor in assessing flight risk but not determinative. A detention hearing was scheduled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an ICE detainer precludes a BRA § 3142 detention hearing | ICE detainer creates presumptive risk of non-appearance and makes detention hearings unnecessary | BRA requires individualized detention hearings; detainer alone shouldn’t bar a hearing | Court: ICE detainer does not bar a detention hearing; hearing required and individualized § 3142(g) analysis applies |
| How to treat an ICE detainer in the § 3142 analysis | Detainer should be dispositive of flight risk and justify detention without further inquiry | Detainer is a relevant factor but not automatically determinative; BRA prioritizes release and individualized assessment | Court: Consider detainer in assessing flight risk but do not treat it as automatically determinative of detention |
Key Cases Cited
- United States v. Barrera-Omana, 638 F. Supp. 2d 1108 (D. Minn. 2009) (rejected treating ICE detainers as an automatic exception to individualized BRA detention analysis)