SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of an opinion may not have been summarized. State v. Oscar Lopez-Carrera (A-8-20) (084750) State v. Juan C. Molchor; State v. Jose A. Rios (A-9-20) (084694) Argued November 30, 2020 -- Decided March 30, 2021 RABNER, C.J., writing for the Court. In these consolidated appeals, the Court considers whether the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, empowers judges to detain defendants who are non-citizens to prevent immigration officials from removing them from the country before trial. Defendants Juan Molchor and Jose Rios were arrested and charged with aggravated assault and criminal mischief. They allegedly punched and struck an acquaintance over the head with beer bottles at a party and damaged two cars as they left the party. Pretrial Services prepared Public Safety Assessments (PSAs) for both defendants. The PSAs rated both defendants 1 out of 6 for failure to appear, the lowest level of risk, and 2 out of 6 for new criminal activity. Neither defendant had any pending charges, prior convictions, prior failures to appear, or prior juvenile adjudications. Pretrial Services recommended that both be released with monthly reporting. The State moved for pretrial detention, claiming defendants posed a flight risk because they were undocumented immigrants. The State presented no evidence that U.S. Immigration and Customs Enforcement (ICE) was interested in either defendant. The court ordered both defendants detained pretrial, noting that, but for their immigration status, both would likely have been released. In both detention orders, the court included a single finding to justify detention: “Particular circumstances, specifically, defendant is an illegal alien.” The Appellate Division consolidated the cases and reversed. See 464 N.J. Super. 274 (App. Div. 2020). The Court granted leave to appeal. 244 N.J. 187 (2020). Defendant Oscar Lopez-Carrera was charged with attempted sexual assault and criminal sexual contact in relation to an alleged attempted sexual assault of a minor. Like Molchor and Rios, Lopez-Carrera had no prior convictions or other pending charges, and no prior failures to appear. The PSA rated him at the lowest level of risk, 1 out of 6, for both failure to appear and new criminal activity. Pretrial Services recommended that Lopez-Carrera be released on his own recognizance. The State did not initially move for pretrial detention, and Lopez-Carrera was released on conditions. Immediately upon his 1 release, ICE officials took him into federal custody. He was indicted months later. Eight months after that, ICE informed prosecutors of the following: Lopez-Carrera was the subject of a final removal order; his immigration appeals had been denied; and he would be removed from the country to Guatemala. In his immigration appeal, Lopez-Carrera unsuccessfully sought a continuance to allow his criminal charges to be resolved. The State promptly moved to revoke Lopez-Carrera’s pretrial release based on …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals