United States v. Trujillo-Alvarez
2012 U.S. Dist. LEXIS 154779
| D. Or. | 2012Background
- BRA governs pretrial release; INA governs removal/deportation of aliens.
- ICE detainer/regulatory framework can affect custody decisions but BRA governs release pending trial.
- Defendant Alvarez-Trujillo, Mexican national, illegal reentry charge, longstanding ties to Portland area, 3 U.S. citizen children.
- Magistrate Judge Acosta ordered release with conditions; ICE later detained him under a detainer and transported him out of district.
- Government did not appeal the release order; district court eyed remedy and potential contempt due to detainer.
- Court must reconcile whether ICE detainer and potential removal can override BRA pretrial release rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BRA pretrial release applies despite ICE detainer. | Alvarez-Trujillo’s release may be undermined by ICE detainer actions. | Executive Branch may defer removal and pursue prosecution without violating BRA. | BRA rights prevail; cannot detain for removal without BRA compliance. |
| Whether ICE detainer alone justifies detention under BRA. | ICE detainer indicates risk of nonappearance, supporting detention. | Detainer cannot by itself justify pretrial detention when BRA findings show no flight risk. | ICE detainer cannot determinatively sustain detention; BRA requires individualized assessment. |
| How to reconcile BRA with INA removal provisions if prosecution proceeds. | Remains possible to proceed with prosecution under BRA with conditions; removal should follow later. | Executive Branch may choose to deport and forego prosecution to avoid BRA constraints. | Executive Branch has choice; cannot detain to compel trial absent BRA-compliant release. |
Key Cases Cited
- United States v. Salerno, 481 U.S. 739 (1987) (upholds BRA detention authority for those posing danger to community)
- United States v. Sabhnani, 493 F.3d 63 (2d Cir. 2007) (BRA release standards require appearance and safety, with no implied detainer shortcut)
- Barrera-Omana, 638 F. Supp. 2d 1108 (D. Minn. 2009) (detainer alone cannot overrule BRA; need case-by-case analysis)
- Montoya-Vasquez, 2009 WL 103596 (D. Neb. 2009) (risk of removal by ICE cannot determinatively defeat release)
- Marinez-Patino, 2011 WL 902466 (N.D. Ill. 2011) (coordinated Executive Branch discretion; detention must align with BRA)
- Adomako, 150 F. Supp. 2d 1302 (M.D. Fla. 2001) (BRA applies to noncitizens; detainer context explored)
- Chavez-Rivas, 536 F. Supp. 2d 962 (E.D. Wis. 2008) (detainer considerations acknowledged but not dispositive)
- Castro-Inzunza, No. 12-30205, Dkt. 9 (9th Cir. July 23, 2012) (9th Cir. 2012) (unpublished order; removal period stayed in certain scenarios)