Tellez Velazquez v. Hon. myers/state

NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE ABEL TELLEZ VELAZQUEZ, Petitioner, v. THE HONORABLE SAM J. MYERS, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent Judge, STATE OF ARIZONA, Real Party in Interest. No. 1 CA-SA 17-0298 FILED 1-9-2018 Petition for Special Action from the Superior Court in Maricopa County No. CR2017-0138142-001 The Honorable Sam J. Myers, Judge JURISDICTION ACCEPTED; RELIEF DENIED COUNSEL Karina Ordonez Law Office PLLC, Phoenix By Karina J. Ordonez Counsel for Petitioner Maricopa County Attorney’s Office, Phoenix By Robert E. Prather Counsel for Real Party in Interest TELLEZ VELAZQUEZ v. HON. MYERS/STATE Decision of the Court MEMORANDUM DECISION Presiding Judge Paul J. McMurdie delivered the decision of the Court, in which Judge Peter B. Swann and Judge James B. Morse Jr. joined. M c M U R D I E, Judge: ¶1 Abel Tellez Velazquez seeks special action relief from the superior court’s order denying his request to release him to the custody of the Immigration and Customs Enforcement (“ICE”) agency, so that he can post a bond pursuant to a federal court order. For the following reasons, we accept jurisdiction, but deny relief. FACTS AND PROCEDURAL BACKGROUND ¶2 On August 19, 2017, Velazquez was arrested for assaulting a uniformed police officer, who attempted to separate him from a fight with another man. Velazquez was charged with aggravated assault, a Class 4 felony, and resisting arrest, a Class 6 felony. ¶3 On August 20, 2017, Velazquez was released from custody on his “Own Recognizance.” On the same day, ICE took Velazquez into custody and detained him in the Eloy Detention Center for purposes of removal proceedings. On September 8, 2017, Velazquez filed a Petition for Writ of Habeas Corpus Ad Prosequendum (“Writ”) requesting that he be allowed to attend any hearings in superior court, but be remanded back to ICE custody once a state hearing was concluded. In response, the State filed its own petition for a Writ and requested Velazquez be kept in State custody until the State proceedings were concluded. ¶4 On September 12, 2017, the superior court issued a Writ addressed to the Warden of the Eloy Detention Center that ordered Velazquez to “remain in custody of the Sheriff of Maricopa County until all further proceedings are completed” in the State matter. ¶5 After Velazquez had been released to the State pursuant to the Writ, the immigration court ordered that Velazquez could be “released from custody under bond of $45,000.” On October 9, 2017, Velazquez filed a motion to modify his release conditions with the superior court requesting he be released on his own recognizance, to the custody of a third party, or on bond, so he could appear in immigration court for an October 30 hearing. 2 TELLEZ VELAZQUEZ v. HON. MYERS/STATE Decision of ...

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