Zavala v. Ives

Petitioner appealed the denial of his 28 U.S.C. 2241 habeas corpus petition, challenging the district court's conclusion that his detention by immigration authorities never constitutes "official detention" within the meaning of 18 U.S.C. 3585(b), the statute governing the calculation of a term of imprisonment. Petitioner was detained by ICE prior the commencement of his criminal sentence of illegal reentry. The court held that when immigration officials detain an alien pending potential prosecution, the alien is entitled under section 3585(b) to credit toward his criminal sentence; an alien is entitled to credit for all time spent in ICE detention subsequent to his indictment or the filing of formal criminal charges against him; and where a factual dispute exists, the district court must hold an evidentiary hearing as to whether an alien’s detention by ICE prior to the date of his indictment or the filing of criminal charges against him constituted detention pending prosecution. Accordingly, the court reversed and remanded for the district court to determine in the first instance whether and when during the pre-indictment period petitioner's detention status changed from detention pending deportation to detention pending potential prosecution. On remand, the government has the burden of proving that the pre-indictment detention was for the purpose of deportation rather than potential prosecution. View "Zavala v. Ives" on Justia Law