Zavala v Ives, No. 13-56615 [May 18, 2015]
Wednesday, May 20, 2015 by Robert W. Rainwater
The Court held, "that where ICE detains an alien pending potential criminal prosecution, that detention constitutes "official detention" within the meaning of § 3585(b) and the alien is according entitled to credit toward his criminal sentence." [refusing to follow other courts which have denied such credits] The Court distinguished the denial of credits for pre-trial release, by the Supreme Court, on the grounds a defendant was "released" from official detention to a private facility, whereas in the instant case detention by ICE is detention and not a "release." The Court also found that contrary to the government's argument the statute does not require detention in the BOP. The Court remanded to the district court for a hearing on the issue of whether the detention was for a pending potential criminal prosecution.