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United States v. Ortiz-Castenada

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 31, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GABRIEL ORTIZ-CASTENADA, DEFENDANTS.

The opinion of the court was delivered by: Clifford J. Proud United States Magistrate Judge

ORDER

Before the Court is the government's motion for detention of Emilia Perez-Yerbafria as a material witness in the above-captioned case, pursuant to 18 U.S.C. § 3144. Counsel was appointed to represent Emilia Perez-Yerbafria, and a hearing was conducted March 31, 2006, in accordance with 18 U.S.C. §§ 3142 and 3144.

It is undisputed that Emilia Perez-Yerbafria is a material witness in this case. The government has successfully shown that it is impracticable to secure his deposition if she were released because she is subject to removal from the United States.

Consistent with the dictates of Section 3144, this Court finds it reasonable to detain Emilia Perez-Yerbafria for 30 days, in order to take her deposition.

IT IS THEREFORE ORDERED that the government's motion to detain Emilia Perez-Yerbafria for 30 days for the purpose of taking her deposition is GRANTED.

IT IS FURTHER ORDERED that: Emilia Perez-Yerbafria be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable from persons awaiting or serving sentences or being held in custody pending appeal; and Emilia Perez-Yerbafria be afforded reasonable opportunity for private consultation with her counsel; and That, on order of a court of the United States, or on request of an attorney for the Government, the person in charge of the corrections facility in which Emilia Perez-Yerbafria is confined deliver her to a United States Marshal for the purpose of taking her deposition, or in connection with a court proceedings in this case.

IT IS FURTHER ORDERED that Emilia Perez-Yerbafria shall not be detained past April 30, 2006, and that on or before that date she shall be remanded to the custody of the ICE for removal proceedings.

20060331

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