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United States v. Rosales-Gonzales
3:17-cr-01377
S.D. Cal.
May 10, 2017
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Background

  • Defendant Guadalupe Rosales-Gonzales charged by criminal complaint (17MJ8435) with being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.
  • Arrested May 1, 2017 near Ocotillo, California; complaint filed May 3, 2017.
  • Records show an immigration removal order dated Feb 4, 2004 and a removal to Mexico via San Ysidro on June 28, 2016.
  • No record that Defendant obtained permission from the Attorney General or DHS to reenter the U.S. after removal.
  • Defendant is a Mexican citizen residing in Mexicali, Mexico, with no U.S. immigration status; has been removed 11 times and voluntarily returned/processed on 15+ occasions.
  • If released, Defendant would face ICE removal proceedings and likely be outside the court’s jurisdiction; conviction exposure creates a strong motive to flee.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Defendant should be detained pending trial as a flight risk Probable cause exists; multiple prior removals and voluntary returns; faces substantial custody if convicted, creating strong motive to flee Defense sought release (specific proposed conditions not detailed in record) Detention ordered; no condition or combination of conditions will reasonably assure appearance

Key Cases Cited

None (no reported cases with official reporter citations were cited in the opinion).

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Case Details

Case Name: United States v. Rosales-Gonzales
Court Name: District Court, S.D. California
Date Published: May 10, 2017
Docket Number: 3:17-cr-01377
Court Abbreviation: S.D. Cal.