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U.S. v. Benzadon Boutin

When Court Orders Release, ICE Detention Contravenes Decision Under Bail Reform Act

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MEMORANDUM AND ORDER

*1 Defendant Salomon Benzadon Boutin was indicted by a grand jury of the Eastern District of New York on October 25, 2017, and charged with one count of attempted money laundering, in violation of 18 U.S.C. §1956(a)(3)(B), and one count of theft of public property, in violation of 18 U.S.C. §641. On November 2, 2017, United States Magistrate Judge Ramon E. Reyes, Jr., set conditions for Defendant’s release on bond pending trial. Upon satisfying his bond conditions, Defendant was transferred to the custody of 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.Defendant moved 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 Government opposed the motion. It alternatively requested that any dismissal of the indictment be without prejudice, and execution of any order of dismissal be stayed pending the Government’s determination as to whether it will appeal such an order. The Court held oral argument on Defendant’s motion on December 20, 2017, and granted the motion. The Government was ordered to release Defendant or to dismiss the indictment with prejudice by 3:00 p.m. on January 3, 2018,

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