NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 20-1787 _______________ JULIO CESAR ORTEGA CAMPOVERDE, Appellant v. WARDEN YORK COUNTY PRISON; FIELD OFFICE DIRECTOR UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; DIRECTOR UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; SECRETARY UNITED STATES DEPARTMENT OF HOMELAND SECURITY; ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 4:20-cv-00332) District Judge: Hon. Jennifer P. Wilson _______________ Submitted Under Third Circuit L.A.R. 34.1(a) on December 17, 2020 Before: GREENAWAY, JR., SHWARTZ, and FUENTES, Circuit Judges (Filed: July 9, 2021) _______________ _______________ OPINION* _______________ FUENTES, Circuit Judge. Julio Ortega Campoverde appeals the District Court’s denial of his petition for a writ of habeas corpus. Ortega Campoverde claims an immigration court violated his rights under the Due Process Clause of the Fifth Amendment and Equal Protection Clause of the Fourteenth Amendment by failing to consider whether he could afford to pay the amount of his bond. Because we agree with the District Court that the immigration judge consid- ered Ortega Campoverde’s ability to pay, we will affirm the denial of his petition. I. Ortega Campoverde is an Ecuadorian national who first entered the United States without inspection in 1998, and has lived here without lawful status for the last 22 years. On July 12, 2018, he was arrested in Allentown, Pennsylvania after an altercation with his wife. Ortega Campoverde was charged with two counts of simple assault and one count of harassment. He pled guilty to a single count of simple assault and was sentenced to 12 months’ probation. After his conviction, Immigration and Customs Enforcement detained Ortega Cam- poverde and the Department of Homeland Security (DHS) initiated removal proceedings. DHS sought to remove him because he had committed a crime involving moral turpitude, * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 and because he was present in the United States without having been admitted or paroled. At his first detention hearing, an immigration judge found his Pennsylvania simple assault conviction was a crime involving moral turpitude, subjecting him to mandatory detention under the Immigration and Nationality Act (INA).1 Ortega Campoverde appealed this de- termination to the Board of Immigration Appeals (BIA) which held that his simple assault conviction was not a crime involving moral turpitude, and remanded the matter to the im- migration court. DHS sought reconsideration by the BIA, but while its request was pend- ing, Ortega Campoverde’s simple assault conviction was vacated under the Pennsylvania Post-Conviction Relief Act, and he moved to remand.2 The BIA denied reconsideration. Ortega Campoverde subsequently sought a custody redetermination, and on No- vember 5, 2019, an immigration judge held a bond hearing.3 Ahead of the hearing, Ortega Campoverde submitted a declaration which extensively recited his family’s financial cir- cumstances, and included supporting documentation. It included an affidavit from his wife Maria,4 explaining that she supports four children with …
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