RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0262p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ┐ Plaintiff-Appellant, │ │ > No. 18-3973 v. │ │ │ CESAR VELOZ-ALONSO, │ Defendant-Appellee. │ ┘ Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:18-cr-00464-1—James S. Gwin, District Judge. Decided and Filed: December 6, 2018 Before: SUHRHEINRICH, BATCHELDER, and BUSH, Circuit Judges. _________________ COUNSEL ON BRIEF: Danielle K. Angeli, Rebecca C. Lutzko, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellant. Vanessa F. Malone, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellee. _________________ OPINION _________________ ALICE M. BATCHELDER, Circuit Judge. This case is about an illegal alien with a final deportation order who was criminally prosecuted and pleaded guilty to illegally reentering the country. The district court released him on bail prior to sentencing. Finding a statutory conflict, the district court issued an order preventing the United States Immigration and Customs Enforcement (ICE) from detaining or deporting him prior to sentencing. The government No. 18-3973 United States v. Veloz-Alonso Page 2 appealed the order preventing its agents from acting pursuant to their statutory mandates. The district court erred in its statutory finding and in issuing its order. We REVERSE. I. This case involves two Article II agencies navigating their own competing statutory requirements while an Article III adjudication commences. Cesar Veloz-Alonso (Veloz-Alonso) is a native and citizen of Mexico who entered the United States illegally in the early 1990s. He was removed in 1997, 1999, and 2008. In June 2018, Veloz-Alonso was discovered again, having for a third time illegally reentered, and was detained by ICE. In August 2018, Veloz- Alonso was indicted on a charge of illegal reentry in violation of 18 U.S.C. § 1326. He was detained pending trial. In October 2018, Veloz-Alonso pleaded guilty and moved for release on bail pending sentencing. Under the Bail Reform Act (BRA), a defendant found or pleading guilty must be detained unless the district court finds by clear and convincing evidence that he is not a flight risk or a danger to the safety of the community. 18 U.S.C. § 3143(a)(1). The district court held hearings on the motion for release. The government argued that Veloz-Alonso was a flight risk because, in addition to his repeated willingness to violate federal law, Veloz-Alonso was subject to a reinstated order of removal and an ICE detainer. If release on bond were granted, the government asserted, Veloz-Alonso would be taken into custody by ICE, removed, and thus unable to attend a sentencing hearing. The district court granted the motion for release pending sentencing subject to conditions, including electronic monitoring and a property lien on his house. The district court found that Veloz-Alonso demonstrated by clear and convincing evidence that he was not a flight risk or a danger to the community. The district court found that a defendant subject to removal under the Immigration and Naturalization Act (INA)1 ...
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