NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4523-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FRANCISCO CARDOSO, TROY C. OGLESBY and CYBER BAIL BONDS, LLC, Defendants, and FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, Surety-Appellant. _____________________________ Argued October 16, 2017 – Decided November 2, 2017 Before Judges Messano and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Camden County. Samuel M. Silver argued the cause for appellant. Catherine Binowski, Assistant County Counsel, argued the cause for respondent (Christopher A. Orlando, Camden County Counsel, attorney; Ms. Binowski, on the brief). PER CURIAM Appellant First Indemnity of America Insurance Co. is the surety on a $50,000 bail bond that was forfeited when defendant Francisco Cardoso failed to appear at a scheduled pre-arraignment interview. First Indemnity appeals from an order denying its motion to vacate the forfeiture and for its exoneration as the surety, and directing remission of seventy-five percent of the bail forfeiture. It claims it was entitled to exoneration or, in the alternative, greater remission of the forfeiture. We disagree and affirm. Cardoso was arrested on weapons and hindering apprehension charges, and held on $50,000 bail. First Indemnity was the surety on the bail bond that was posted on August 18, 2014, for defendant's release.1 Following the posting of the bond, defendant remained in custody in the Camden County jail because he had a detainer lodged by Immigration and Customs Enforcement (ICE).2 On August 27, 2014, ICE took defendant into custody and removed him from the jail. 1 The bond was posted by defendant Cyber Bail Bonds. 2 In support of a motion First Indemnity later filed in this matter, its licensed recovery agent certified that defendant was not released from custody upon the posting of the bail bond because "defendant had an Immigration and . . . Customs Enforcement (ICE) hold." 2 A-4523-15T1 Four months later, in late December 2014, defendant was deported to Mexico. On July 17, 2015, defendant failed to appear for a scheduled court event, a bench warrant was issued and the court ordered forfeiture of defendant's bail. The court sent First Indemnity a notice advising that the bail was forfeited and a default judgment would be entered unless First Indemnity moved to set aside the forfeiture within seventy-five days. First Indemnity took no action and a $50,000 default judgment was entered on October 15, 2015. Three and one-half months later, First Indemnity moved to vacate the forfeiture and default judgment, exonerate the surety and discharge the bond. The motion was supported by First Indemnity's license recovery agent's certification stating he first received the file on January 27, 2016, and confirmed there was an active bench warrant for Cardoso. Within six days, the ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals