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United States v. Celaya-Jaramillo

United States District Court, D. Arizona

November 8, 2016

United States of America, Plaintiff,
v.
Ruben Arturo Celaya-Jaramillo, Defendant.

          ORDER

          Cindy K. Jorgenson United States District Judge.

         On 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.

         Factual and Procedural History

         Celaya-Jaramillo 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.

         The 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.

         The 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.

         At the September 7, 2016, Initial Appearance, Celaya-Jaramillo was ordered temporarily detained pursuant to 18 U.S.C. § 3142.

         A 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 immigration custody.

         On 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.

         On 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 custody.

         On October 26, 2016, the government filed a Motion to Reopen Defendant's Detention Proceedings (Doc. 19). The motion states:

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.

         Motion (Doc. 19), p. 2.[1] 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 proceedings.

         On 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 ...


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