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U.S. v. Ventura

Alien Cannot be Held by ICE While Prosecution by USAO Is Pending; Release on Bond Required

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MEMORANDUM AND ORDER

*1 Defendant Saba Rosario Ventura was indicted by a grand jury of the Eastern District of New York on August 4, 2017, and charged with one count of illegally reentering the United States in violation of 8 U.S.C. §1326(b)(2). On August 14, 2017, United States Magistrate Judge Victor V. Pohorelsky set conditions for Defendant’s release on bond pending trial. On August 16, 2017, the Government unsuccessfully appealed the magistrate judge’s bail decision to this Court. Immediately upon satisfying his bond conditions, Defendant was arrested by the Bureau of Immigration and Customs Enforcement (“ICE”) of the United States Department of Homeland Security (“DHS”), pursuant to an ICE detainer. Defendant remains in custody in the Hudson County jail and has appeared before this Court by writ ad prosequendum to address the instant charge.Before the Court is Defendant’s motion to compel ICE to release him pursuant to the conditions set by the magistrate judge, or, in the alternative, to dismiss the indictment with prejudice. The Court held oral argument on the motion on October 16, 2017. For the reasons that follow, Defendant’s motion is granted. The Government is ordered to release Defendant or to dismiss the indictment with prejudice by 3:00 p.m. on November 9, 2017, and to inform the Court of its decision by such time.

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