Opinion
Magistrate No. 03-3300-M (VAM).
March 30, 2004
ORDER
Francisco de Jesus Alatorre Pliego (Respondent) was arrested by the U.S. Marshal December 30, 2003. The warrant was issued December 18, 2003 based on a "Complaint for Provisional Arrest Pursuant to 18 U.S.C. § 3184" filed by the U.S. Attorney.
Variously referred to as Relator, Defendant and Respondent.
An Assistant Federal Public Defender was appointed December 30, 2003 to represent Respondent. (Dkt. 4). Counsel filed a "Memorandum of Law regarding Relator's Release Pending Extradition Proceedings." (Dkt. 5).
CJA counsel was replaced January 5, 2004 by retained counsel Thomas Crowe. (Dkt. 6).
A Detention Hearing was held January 6 and 7, 2004. (Dkts. 9 13). The Government filed a Memorandum of Law in Opposition to Bail. (Dkt. 11).
Magistrate Judge Mathis released Respondent January 7, 2004 subject to conditions of release, including the filing of a $20,000 cash deposit as security. The $20,000 cash bond was deposited January 7, 2004.
The U.S. Attorney filed an Emergency Motion January 14, 2004 to vacate the Order of Release and requesting Reconsideration of the Order Granting Bail. (Dkt. 18). The Motion, page 2, summarized 20 findings ("Special Circumstances") orally stated by Judge Mathis in releasing Respondent.
The Emergency Motion was heard January 16, 2004. The Motion was taken under advisement, with "the defendant [to] remain released pending further Order of the Court." (Dkt. 22).
The U.S. Attorney filed a "Notice of Filing Formal Extradition Documents" on March 4, 2004. (Dkt. 25). The Extradition hearing which was set for March 15, 2004 before Judge Mathis has been reset for April 7, 2004. (Dkt. 28).
The file reflects that various documents proposed to be offered in the extradition hearing are illegible (Dkt. 31) and the U.S. Attorney is attempting to obtain more legible copies. (Dkt. 32).
This Court held a status hearing March 29, 2004, and Respondent was personally present with counsel and family members. (Dkt. 35).
The Court, being fully advised, adopts the Special Circumstances found by Judge Mathis. Magistrate Judge Mathis had jurisdiction to conduct the detention hearing and the extradition proceeding. See: In Re Extradition of Orozco, 268 F. Supp.2d 1115 (D.Ariz. 2003).
Respondent is not a flight risk or a danger to the community. He did not flee Mexico to avoid arrest or prosecution; there are pending immigration proceedings in the United States filed in 1999 in which he seeks permanent resident status in the United States. (Hearing transcript January 6, 2004).
Extradition proceedings are often delayed, with possible appeals to the District Court or Court of Appeals. Detention of Respondent for those purposes is a further reason for Respondent's release in this case.
Accordingly,
IT IS ORDERED denying the Emergency Motion for Vacation of Order of Release and Reconsideration of the Order Granting Bail. (Dkt. 18).