Rainwater Law Group

Effective Criminal Defense

Zavala v Ives, No. 13-56615 [May 18, 2015]

Zavala v. Ives 

The Court held, "that where ICE detains an alien pending potential criminal prosecution, that detention constitutes "official detention" within the meaning of ยง 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.
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