Re: Defense in impossible position between ICE and criminal court

BTR1701 <atropos@mac.com> wrote:

Apr 2, 2025 at 11:23:32 AM PDT, Adam H. Kerman <ahk@chinet.com> wrote:

BTR1701 <atropos@mac.com> wrote:

Apr 2, 2025 at 10:02:34 AM PDT, Adam H. Kerman <ahk@chinet.com> wrote:

More of the courtroom of the super-empathetic judge David Fleischer,
Harris County (Houstin), TX.

The defendant was put on bond. He's in ICE custody, which had issued a
detainer. He's in the country illegally and has been deported
previously.

It's not clear if he was already in ICE custody when bond was issued,
but it's clear that he's being held in ICE custody at the moment his
wife put up cash bail.

Defense is desperate to prevent bond from being revoked because, while
held by ICE, he's not complying with bond conditions especially the drug
and alchohol testing. State court has no way to compel ICE to bring him
to court. And in the back of everyone's one -- even if the procedure is
followed by which ICE is notified of state court actions -- ICE can take
the request to deport under advisement but can still decide to deport.

Of course they can. Immigration is a matter of federal jurisdiction. It
clearly supersedes any state law or court order. And this guy isn't just
your standard illegal. He's a prior deportee, which means he hasn't
just committed an administrative violation. He's committed a federal
felony. Add to that the fact that he has also apparently committed
additional crimes while he was here illegally (for the second time) and
there's no fucking way ICE should do anything other than deport his ass.

I'm not disagreeing with any of this. I'm just pointing out how
impossible the defense's position is, trying to prevent his client from
being put into the situation of bond violation and being unable to get
him into state court.

Not really a problem for him if ICE deports him back to Nicaragua.

Is the judge even allowed to dismiss the bond and can the wife get the
cash bail refunded? The judge explicitly said he couldn't enforce bond
conditions once the defendant is sent to a foreign country. It wasn't
clear to me that the judge thought he could dismiss the bond.

And what happens to state charges? Do they just sit there on the record?

. . .