Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
United States v. Villa
United States District Court, D. Kansas
April 2, 2019
UNITED STATES OF AMERICA, Plaintiff,
ROBERTO VILLA 01, Defendant.
MEMORANDUM AND ORDER
D. Crabtree United States District Judge
case's dense procedural history meanders between two
countries, two federal judicial districts, and two distinct
Article II agencies. It's best summarized in
September 5, 2018: A grand jury in
the District of Kansas returned a five-count Indictment
against defendant Roberto Villa. Among other crimes, it
charged Mr. Villa under 8 U.S.C. § 1326, accusing him of
illegally reentering the United States after earlier removals
in 2000 and 2003. (Doc. 1).
September 13, 2018: Mr. Villa was
arrested in DeSoto, Kansas. (Doc. 2).
October 2, 2018: United States
Magistrate Judge Teresa J. James ordered Mr. Villa released
on conditions. One of those conditions required that he
reside at a specified address in DeSoto, Kansas. Another
required him to appear in a specified courtroom in our Kansas
City, Kansas, courthouse on November 15, 2018. This was the
date for the first Status Conference in the case against Mr.
Villa. (Doc. 8).
October 10, 2018: The United States
Immigration and Customs Enforcement (“ICE”)
deported Mr. Villa to Mexico. (Doc. 24).
November 15, 2018: Mr. Villa
didn't appear for the Status Conference. His counsel
appeared, however, and he reported that ICE had taken Mr.
Villa into custody following Mr. Villa's release from the
Marshal's custody. ICE then deported Mr. Villa from the
United States. (Doc. 13). The United States then asked the
court to issue a bench warrant for Mr. Villa's arrest.
His counsel opposed the motion, explaining that the United
States had prevented Mr. Villa's appearance in court by
deporting him. And so, counsel argued, the court
shouldn't issue a warrant. The court directed the parties
to file memoranda addressing the relevant legal authorities.
But this dispute proved fleeting. The government's
request to issue a bench warrant seems to have overlooked
that Judge James already had issued an Arrest Warrant on
October 31 at the request of the United States Probation
Office. See Doc. 20 (Warrant) & Doc. 11
(Petition for Action on Conditions of Pretrial Release).
Later, the government moved to withdraw its oral motion for a
Bench Warrant. (Doc. 14). The court granted this motion (Doc.
15), and the parties thus didn't submit the memoranda
requested at the November 15 conference.
December 5, 2018: Border Patrol
Agents arrested Mr. Villa near Cuevitas, Texas. Cuevitas is a
“census-designated place” in Hidalgo County,
Texas, adjacent to the Rio Grande River and near Los Ebanos,
Texas. (Doc. 20).
December 5, 2018: Mr. Villa pleaded
guilty in the United States District Court for the Southern
District of Texas to knowingly and unlawfully entering the
United States at a place other than one designated by
immigration officials. The court sentenced him to 10 days
custody and a $10 fine. Doc. 24. The same day of his plea and
sentence, a law enforcement officer, acting on the warrant
issued by this court, arrested Mr. Villa.
January 22, 2019: The United States
Probation Office petitioned the court for action on Mr.
Villa's conditions of pretrial release. See Doc.
24. Its petition sought an order asking Mr. Villa to show
cause why the court should not revoke his pretrial release.
January 23, 2019: Judge James
conducted a detention hearing. The court found that Mr. Villa
had violated his conditions of release but, for reasons
explained on the record, Judge James ordered him released on
the “previously set conditions” of release. (Doc.
25). Judge James also advised Mr. Villa that the court would
conduct a status hearing in his case the next day, January
24. (Doc. 25).
January 24, 2019: The court
conducted the status conference, and Mr. Villa's counsel
appeared for it. But, Mr. Villa did not. His counsel advised
that ICE again had taken Mr. Villa into custody. Counsel for
the United States asked to continue the conference by one
week so that it could secure a writ to bring Mr. Villa before
the court. Mr. Villa's counsel advised that Mr. Villa
didn't object, so the court continued the conference by
one week, until January 31. The government announced it would
submit a proposed writ and order to the court. (Doc. 28).
January 25, 2019: The government
filed its motion seeking a Writ of Habeas Corpus ad
prosequendum. (Doc. 29). A few days later, Mr. Villa filed
his Objection to ...
Buy This Entire Record For