9th Circ. Says ICE Detainer Not A Factor In Pretrial Detention

Law360 (November 20, 2019, 2:34 PM EST) -- The Ninth Circuit has determined that a California federal court was correct not to consider a U.S. Immigration and Customs Enforcement detainer when deciding to issue a pretrial detention order against a Mexican immigrant who was arrested for allegedly reentering the U.S. illegally.

A three-judge panel said Tuesday that under the Bail Reform Act, the ICE detainer against Jose Diaz-Hernandez is not one of the factors to be considered when deciding whether he is a flight risk making pretrial detention necessary. Courts must independently evaluate the likelihood of an arrestee's appearance at trial and not consider an immigration detention order as...

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