PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-2341 ______________ UNITED STATES OF AMERICA v. ILMA ALEXANDRA SORIANO NUNEZ, Appellant ______________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 5-18-cr-00040-001) District Judge: Honorable Joseph F. Leeson, Jr. ______________ Argued May 21, 2019 ______________ Before: McKEE, SHWARTZ, and FUENTES, Circuit Judges. (Filed: July 2, 2019) Melanie B. Wilmoth Robert A. Zauzmer [ARGUED] Office of the United States Attorney 615 Chestnut Street Suite 1250 Philadelphia, PA 19106 Counsel for Appellee Jose C. Campos [ARGUED] Hugh Campos 1845 Walnut Street Philadelphia, PA 19103 Counsel for Appellant ______________ OPINION ______________ SHWARTZ, Circuit Judge. Ilma Alexandra Soriano Nunez was charged with various crimes and appeared for a bail hearing. Conditions of release were set under the Bail Reform Act (“BRA”). Thereafter, Immigration and Customs Enforcement (“ICE”) lodged and executed a detainer, and she was detained for removal proceedings. Because her detention for removal proceedings under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(a)(1), does not conflict with the order granting release in connection with her criminal case under the BRA, 18 U.S.C. § 3142, the District Court declined to dismiss the indictment and rejected Soriano Nunez’s request 2 that it rely on the BRA to order her release from ICE custody. We lack jurisdiction over the ruling denying the request to dismiss the indictment and will dismiss that aspect of the appeal. We do, however, agree with the Court’s bail ruling and will affirm that part of its order. I A grand jury indicted Soriano Nunez for passport fraud, 18 U.S.C. § 1542; making a false representation of United States citizenship, 18 U.S.C. § 911; using a false social security number, 42 U.S.C. § 408(a)(7)(B); and producing a state driver’s license not issued for her use, 18 U.S.C. § 1028(a)(1), (b)(1)(A), and (2). Soriano Nunez surrendered and was brought before a Magistrate Judge. She was then temporarily detained under 18 U.S.C. § 3142(d), a provision of the BRA that allows for, among other things, the ten-day pretrial detention of non-citizens who may pose a flight risk or danger so ICE may take them into custody.1 ICE lodged a detainer. Twelve days later, a different Magistrate Judge arraigned Soriano Nunez, denied the Government’s motion for pretrial detention under 18 U.S.C. § 3142(e), and set conditions for her release. The District Court denied the Government’s motion to revoke the order. Thereafter, ICE executed its detainer, taking Soriano Nunez into custody for her to appear for removal proceedings.2 1 As discussed herein, the ten-day detention period may also be invoked to allow state and local authorities to take persons on release into custody. 18 U.S.C. § 3142(d). 2 Soriano Nunez is allegedly removable because she is an alien not admitted to the United States and she falsely represented that she was a citizen in violation of 8 U.S.C. 3 While in ICE custody, Soriano Nunez moved to dismiss her indictment or obtain release from ...
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