United States v. Zeledon Hernandez, 3:23-cr-00122

Dennis Zeledon Hernandez, a noncitizen from El Salvador, was charged with two federal crimes: felony Obstruction of Agency Proceedings (18 U.S.C. § 1505) and misdemeanor Escape (18 U.S.C. § 751(a)).
Zeledon entered the U.S. in 2016, was placed in removal proceedings, and failed to appear at a key hearing, resulting in a final removal order in 2019.
After years in the U.S. with a removal order, Zeledon was taken into ICE custody in May 2023 to effectuate his removal, while legal efforts to reopen his case failed.
On July 2, 2023, while being held for the execution of his final removal order, Zeledon escaped from ICE custody but was recaptured days later.
Zeledon moved for a judgment of acquittal on the escape count, arguing his custody at escape was not "for exclusion or expulsion proceedings under the immigration laws" as required by § 751(a).
The court held a bench trial; Zeledon was found guilty on Count I (obstruction) but the court granted acquittal on Count II (escape).

Issue	Plaintiff's Argument	Zeledon's Argument	Held
Whether "exclusion or expulsion" in §751(a) covers modern removal	It does—modern removal proceedings are included	Only pre-IIRIRA exclusion/expulsion, not modern removal	Court agreed with Government: modern removal is included
Whether custody for execution of removal order is "for...proceedings"	Execution of removal order is part of proceedings	Execution of removal order is not part of "proceedings" under immigration laws	Court agreed with Zeledon: execution is not a proceeding
Whether prior interpretation of "proceeding" under § 1505 controls § 751(a)	Prior ruling on §1505 should apply	Each statute should be interpreted in its distinct context	Court: § 1505 interpretation does not control § 751(a)
Sufficiency of evidence on statutory basis for custody	Escape was from qualifying immigration custody	At time of escape, custody was only for executing final removal order	Court: Not covered by § 751(a); acquittal granted

United States v. Bailey, 444 U.S. 394 (explains elements and standard for escape offense under federal law)
United States v. Evans, 159 F.3d 908 (lists five exclusive bases in § 751(a) for qualifying federal custody)
Vartelas v. Holder, 566 U.S. 257 (distinguishes between exclusion, deportation, and removal proceedings post-IIRIRA)
Sale v. Haitian Ctrs. Council, Inc., 509 U.S. 155 (equates deportation and expulsion; sets pre-IIRIRA terminology context)
Judulang v. Holder, 565 U.S. 42 (discusses statutory distinctions in immigration removal grounds)
Davis v. Mich. Dept. of Treasury, 489 U.S. 803 (contextual statutory interpretation requirement)