Temporary release granted to individual charged with unlawful reentry and subject to I.C.E. detainer. Though government argued that release would allow him to circumvent justice because I.C.E. would likely deport him upon release, Court advocated for I.C.E. to delay deportation until after trial and sentence.
United States v. Ramirez, No. 0:20-cr-00028-JRT-KMM, Dkt. No. 42 (D. Minn. Apr. 14, 2020)
DETAILS
Decision
Date
4/14/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Other, Preliminary Injunction (PI), Release, Release, Remand to District Court (for release)
Type of Court
Federal District Court
Location
Minnesota
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
20-cr-00028-JRT-KMM
MORE CASE INFORMATION
Court Name
D. Minn.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Sherburne County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Prison Litigation Reform Act (PLRA) Exhaustion, Fed. R. App. P. 12.1
Release Conditions
Released into custody of mother of his child for home detention
Convictions
At least 15 removals from the United States; burglary and larceny convictions
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, Substance Use Disorder, Arthritis, Parkinson's, Glaucoma
COVID-19 Positive or Symptomatic
Not discussed
Charges
Illegal Reentry; Subject to ICE detainer
COVID-19 in Jail Prison or Detention Center
No
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