Opinion
2:21-cv-09557-CAS-GJS
05-16-2022
United States of America v. Alfredo Ramon Cerda
CIVIL MINUTES - GENERAL
HONORABLE CHRISTINA A. SNYDER, J.
Proceedings: REQUEST FOR BAIL REVIEW (Dkt. 35, filed on February 4, 2022)
I. INTRODUCTION
On September 9, 2021, the United States of America filed a complaint for arrest warrant and extradition against Alfredo Cerda, a fugitive of the United Mexican States (“Mexico”). Case No. 2:21-mj-04160-DUTY-l, Dkt. 1 (“Compl.). In its extradition request, Mexico alleges that Cerda sexually abused several children on multiple occasions in Mexico, in violation of the Criminal Code of the state of Baja California. Id. When Cerda was confronted about these allegations by friends and family members of the children, he fled Mexico for Indio, California, Id.,
On September 9, 2021, the Hon. Paul L. Abrams, Chief United States Magistrate Judge for the Central District of California, issued a warrant for Cerda's arrest. Case No. 2:21-mj-04160-DUTY-l, Dkt. 2. The arrest warrant was executed on November 19, 2021. k, Dkt. 10.
On November 19, 2021, at Cerda's initial appearance, the Hon. Gail J. Standish, United States Magistrate Judge for the Central District of California, temporarily detained Cerda. Id.. Dkt. 12. After the parties both submitted briefing. Judge Standish held a detention hearing on February 2, 2022. Dkt. 32. Judge Standish granted the United States' request for detention, noting that “[i]n foreign extradition matters there is a presumption against bail, and only a finding of ‘special circumstances will justify release, ” and that Cerda “ha[d] not made a showing of special circumstances at th[at] time.” Id. (citing United States v. Salerno, 878 F.2d 317, 317 (9th Cir. 1989)).
On February 4, 2022, Cerda filed a request for this Court's review of Judge Standish's order detaining him pending extradition proceedings. Dkt. 35. The Court held a hearing on Cerda's request for bail review on March 7, 2022, and at that time affirmed Judge Standish's decision to detain Cerda pending extradition proceedings. Dkt. 44.
On April 5, 2022, defendant Cerda filed a renewed application for this Court's review of Judge Standish's order detaining him pending extradition proceedings, citing Cerda's deteriorating health condition. Dkt. 45. The Court held hearings on April 11, 2022, and April 25, 2022.
Based on its review of the totality of the circumstances, the Court finds that Cerda has made a showing of special circumstances that warrants release on bond. Accordingly, the Court orders that Cerda is RELEASED, pending the resolution of the extradition proceedings, on the conditions required by U.S. Probation and Pretrial Services, upon posting of a $100,000 appearance bond, with Affidavits of Surety Without Justification by three or more responsible third parties.
Attached hereto is the unsigned bond form. All necessary signatures/initials for the bond form shall be obtained. Thereafter, the completed bond form shall be taken to the criminal intake window for further processing.
IT IS SO ORDERED.