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