FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 17, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-2138 (D.C. No. 2:18-MJ-2325-RCB-SMV-1) CHRISTIAN SANCHEZ-RIVAS, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HARTZ, MATHESON, and BACHARACH, Circuit Judges. _________________________________ Defendant Christian Sanchez-Rivas appeals the district court’s order of detention pending trial. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3145(c), and we affirm. I. On July 17, 2018, Sanchez-Rivas was apprehended by United States Border Patrol agents outside a store in Sunland Park, New Mexico. The agents discovered Sanchez-Rivas and his two companions by following a trail of footprints from the * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. nearby Mexico border to the store, where they found the trio hiding in and around a dumpster. Sanchez-Rivas admitted to the agents that he was a native and citizen of Mexico, who was present in the United States without authorization. The agents further learned that Sanchez-Rivas had been deported a month earlier, on June 18, 2018, and he had not received permission to reapply for admission to the United States. He was charged by criminal complaint with reentry after deportation in violation of 8 U.S.C. §§ 1326(a)(1) and (2). The magistrate judge ordered Sanchez-Rivas detained pending trial because (1) the evidence against him was strong, (2) he lacked ties to the district of New Mexico where the charges were pending, (3) he did not have legal status in the United States, and (4) he was subject to removal or deportation upon completion of his sentence. Sanchez-Rivas filed a motion for reconsideration. Following a hearing, the magistrate judge reaffirmed the detention order. Sanchez-Rivas appealed to the district court. The evidence and arguments at the hearing established that Sanchez-Rivas first came to the attention of immigration officials in March 2018, when was arrested and briefly detained for public intoxication. Although the charge was dismissed, he was taken into immigration custody and placed in removal proceedings. At a March 29, 2018 hearing, the immigration judge (IJ) granted Sanchez-Rivas’s request to continue the hearing so counsel could determine whether there were any grounds on which to seek relief from removal. In granting the 2 continuance, the IJ directed counsel to “file all applications for relief on or before ten (10:00) o’clock on the 3rd of May, 2018 . . . or I’ll deem they have been abandoned.” Aplee. Supp. ...
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