Tenth Avoids Issue of Whether Immigration Detainer Is Sufficient to Deny Bond

U.S. v. Lozoria, 2012 WL 5278600 (10/26/12) (Kan.) (unpub'd) - The ruling here isn't significant, but the background seems interesting. The magistrate judge initially ordered the release of the defendant on bond, despite the existence of an immigration detainer. On appeal to the district court, an ICE agent testified that, if the defendant was released, ICE would take custody of the defendant and remove her from the country. The district court detained the defendant. The defendant argued the government had the power and responsibility under 8 C.F.R. §§ 215.2(a) and 215.3 not to remove her while criminal proceedings were pending. The existence of an ICE detainer, the defendant argued, was an insufficient reason to detain the defendant. The 10th sidestepped "this question of first impression" by affirming based on the district court's alternative rationale that the defendant was a flight risk, a determination the defendant didn't challenge on appeal.