United States District Court, D. Arizona
K. Jorgenson United States District Judge.
November 4, 2016, this Court ordered Ruben Arturo
Celaya-Jaramillo ("Celaya-Jaramillo") be detained.
The Court informed the parties it would issue a more detailed
order. This is that Order.
and Procedural History
was arrested on September 6, 2016, when he applied for entry
into the Untied States from Mexico at the DeConcini Port of
Entry in Nogales, Arizona. The Complaint alleges
Celaya-Jaramillo was the driver of a 2014 Kia Optima with an
Arizona license plate. Celaya-Jaramillo informed officers he
had owned the Optima for about six months and that he was
entering the United States to go to work in Rio Rico,
Arizona. As officers were speaking with Celaya-Jaramillo,
they noticed the odometer of the Optima seemed to protrude
from the dashboard and the screws in the area appeared to be
colored over with a marker. The Optima was inspected and ten
foil-wrapped pages were discovered concealed within the
vehicle's dashboard. A field tested yielded positive
results for the chemical properties of cocaine. The packages
weighed approximately 11.9 kilograms.
Complaint states Celaya-Jaramillo, after waiving his
Miranda rights, admitted he was going to be paid $2,
000.00 to deliver his vehicle containing an unknown substance
to an unknown third party at or near the Valencia Food City
in Tucson, Arizona.
Complaint also states Celaya-Jaramillo is a Mexican citizen,
a legal permanent resident of the United States, had been
staying with his mother in Mexico, and was entering the
United States to go to work in Rio Rico, Arizona.
September 7, 2016, Initial Appearance, Celaya-Jaramillo was
ordered temporarily detained pursuant to 18 U.S.C. §
detention hearing was held on September 9, 2016.
Celaya-Jaramillo was ordered released to the third party
custody of his wife, Denise Garcia Leal, who resides in Rio
Rico, Arizona, with a bond in the amount of $2, 000. A stay
of release was ordered in order to permit the government the
opportunity to seek reconsideration or review. The magistrate
judge was subsequently advised there would be no appeal and
the stay was vacated. Celaya-Jaramillo was released under the
bond and conditions of release on September 16, 2016.
Celaya-Jaramillo, who had a detainer from Immigration and
Customs Enforcement ("ICE"), was placed into
October 5, 2016, Celaya-Jaramillo was indicted for Conspiracy
to Possess with Intent to Distribute Cocaine, Possession with
Intent to Distribute Cocaine, Conspiracy to Import Cocaine,
and Importation of Cocaine.
October 21, 2016, the matter was scheduled for arraignment.
At that time, defense counsel informed the magistrate judge
Celaya-Jaramillo was not present and was in immigration
October 26, 2016, the government filed a Motion to Reopen
Defendant's Detention Proceedings (Doc. 19). The motion
Because the defendant had an ICE hold on him for immigration
court proceedings related to his conduct of bringing
narcotics into the country through the port of entry, he was
picked up by ICE and has been in their custody pending
immigration proceedings since his release. On today's
date, October 26, 2016, the defendant had the equivalent of
his initial appearance on his immigration charges. He
declined the opportunity to continue the proceedings in order
to obtain counsel or otherwise fight the charges. Instead, he
agreed to proceed with the hearing and admitted all of the
allegations, including that he attempted to bring 11.9
kilograms of cocaine into the country on September 6, 2016.
The immigration judge found him removable based on his
admissions and, since there were no forms of relief for which
he was eligible, ordered him removed from the United States.
The defendant declined his right to appeal the decision.
Based on these findings, ICE will remove the defendant from
the United States on Friday, October 18, 2016, in keeping
with their requirements to remove such aliens within 72 hours
of the removal finding. The defendant is inadmissible to the
United States for ten years based on the immigration court
findings earlier today.
(Doc. 19), p. 2. The government argued that, as a result of
the final removal order, Celaya-Jaramillo's legal
permanent resident status has terminated and he is no longer
legally present in the United States. 8 C.F.R. l.lp;
United States v. Reyna-Tapia, 328 F.3d 1114 (9th
Cir. 2003); Foroughi v. United States, 60 F.3d 570
(9th Cir. 1995.). Further, this material change in
circumstance warranted the re-opening of the detention
October 27, 2016, the magistrate judge heard argument
regarding the government's Motion to Reopen
Defendant's Detention Proceedings (Doc. 19). The
magistrate judge denied the Motion and issued an Order