Arrest for deportation does not trigger Speedy Trial Act unless defendant demonstrates primary purpose for arrest was to hold for future prosecution
SPEEDY TRIAL United States v. Pasillas-Castanon, No. 07-5101, ___ F.3d ___ (10th Cir. May 13, 2008)(N.D. Oklahoma). Appeal of indictment and conviction for knowingly possessing counterfeit green card in violation of 18 U.S.C. § 1546(a). HELD: (1) Deportation proceedings are civil matters. Therefore, arrests and detentions made in connection with civil deportation proceedings do not trigger Speedy Trial Act (18 U.S.C. § 3161(b)). Because defendant’s initial arrest was for civil matter (i.e., deportation), Speedy Trial Act’s thirty-day time limit was not triggered. Time limit was triggered later when U.S. Marshals arrested defendant in connection with criminal offense of illegally possessing counterfeit green card. (2) Civil arrest or detention may trigger Speedy Trial Act if law enforcement authorities collude with state or civil officials to detain defendant as mere ruse for later prosecution. Ruse exception may be applied, however, only when defendant demonstrates that primary or exclusive purpose of civil detention was to hold him for future prosecution. Mere fact that detaining authorities are aware that other potential criminal charges are available does not trigger exception. There must be evidence showing that detention is for primary or exclusive purpose of furthering criminal prosecution and if detaining authorities have lawful basis for civil detention, defendant is not entitled to invoke exception. Read the opinion here. |
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