Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Jimenez-Lopez

United States District Court, E.D. Michigan, Southern Division

June 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JOEL JIMENEZ-LOPEZ, Defendant.

          OPINION AND ORDER AFFIRMING DECISION GRANTING BOND

          GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         On June 7, 2018, a criminal complaint was filed against Defendant charging him with violating 8 U.S.C. § 1326(a), or for illegally reentering the United States after being denied admission or removed from the United States. On June 12, 2018, the Defendant appeared before Magistrate Judge Anthony Patti, who determined that there were conditions that will reasonably assure Defendant's appearance at future court proceedings.

         Presently before the Court is the Government's appeal of Magistrate Judge Patti's decision granting Defendant bond. A hearing on the Government's Appeal was held on June 14, 2018. For the reasons that follow, the Court will AFFIRM Magistrate Judge Patti's decision granting bond.

         II. FACTUAL BACKGROUND

         Defendant is a citizen of Mexico. Defendant is forty-one years old, bilingual, and has resided in the Eastern District of Michigan for the past twelve years, reentering the United States via the Arizona desert in 2006. He has lived in Lincoln Park, Michigan for the past eight years, where he owns his home, as well as at least two other rental properties. He has been married to a United States citizen for three years, and they have two children, one of which was born premature a few days ago, and the other child is two years old and requires frequent medical attention.

         Defendant previously worked as a laborer at ACS Asphalt in Belleville, Michigan from 2007 through 2016.[1] For the past two years, Defendant has been self-employed as a handyman. Defendant has no history of drug or alcohol abuse or of assaultive behavior. Defendant has no criminal history other than for misdemeanor illegal entry in 2003, which is discussed infra.

         Defendant has entered the United States on at least five occasions without being admitted, inspected or paroled by an Immigration Officer. On July 5, 1997, Defendant was encountered by an Immigration Inspector at the San Ysidro, California Port of Entry and was removed on July 7, 1997. An Immigration Inspector again encountered Defendant on May 9, 1998, and he was removed on the same date. Defendant was interviewed by an Immigration Inspector, who prepared a statement of the interview, which Defendant read, or had read to him, and signed as a true and accurate depiction of the exchange. See Gov.'s Ex. 3 at ¶ 3. When the Inspector asked the Defendant how he had obtained a B1/B2 Visa if he was subject to a five-year ban, Defendant admitted to lying to the American Consulate in Guadalajara in order to obtain a B1/B2 Visa.

         On August 24, 2001, Defendant was found by Border Patrol at or near El Paso. He provided the agents with a false name and false date of birth. He was granted voluntary return and returned to Mexico on the same date. The next day, he was again found by Border Patrol and used another false name and false date of birth. He was likewise granted a voluntary return and returned to Mexico on the same date.

         On May 27, 2003, Defendant was charged with illegal entry in violation of 8 U.S.C. § 1325 in the United States District Court for the Western District of Texas. The next day, he was convicted of the charges and sentenced to time served and removed from the United States on June 2, 2003.

         On May 15, 2018, upon receiving a tip, Border Patrol agents stopped Defendant's car. Defendant freely admitted to being in the United States illegally and that he had been previously removed. He had no false identification on his person and was arrested without incident. Immigration and Customs Enforcement has placed a detainer on Defendant pursuant to 8 U.S.C. §§1357, 1225, 1226, and 1231.

         At the detention hearing on June 12, 2018, Magistrate Judge Patti imposed the following conditions to ensure Defendant's future appearances in this matter including: a curfew of 8:00 a.m. to 7:00 p.m., no possession of firearms, no use of illicit drugs, surrender of international travel documents, preclusion from obtaining any new international travel documents, restricted travel to the Eastern District of Michigan, report as directed by pretrial services, and lastly, use of an electronic monitoring device to be selected by pretrial services.

         III. LAW & ANALYSIS

         A. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.