12/15/2018
From the Volokh Conspiracy’s Short Circuit roundup of brief Federal Court decisions:
- Three-time deportee from Mexico enters the country a fourth time, gets caught, pleads guilty to illegal reentry, and moves for release on bail pending sentencing. Is he a flight risk? Yes, says the government, because if you let him out on bail we will deport him, and then how would he show up for his sentencing hearing? District Court: That’s too clever by half. Sixth Circuit: Nope, it’s just the right amount of clever; nothing in the statute prohibits ICE from deporting people pending trial or sentencing.
I thought that was odd in the first place, because what judge would be crazy enough to think a defendant in that position was not a bail risk. The answer seems to be Bill Clinton appointee Judge James Gwin in Ohio. [Federal judge in Cleveland threatens ICE with contempt if it deports man he released from jail in criminal case, Cleveland.com, October 11, 2018]
Seriously, how can a Federal court release a known illegal on bail? The requirements of his bail will be that he remain (illegally) in the jurisdiction, and if he’s employed while he’s on bail, that’s illegal, and if he’s staying with someone, they're "harboring" him. The whole thing is an affront to the rule of law.
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