Immigration – Re-Entry – Venue

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7^th Circuit court of Appeals

Case Name: United States of America v. Oscar F. Orona-Ibarra

Case No.: 15-1176

Officials: WOOD, Chief Judge, and EASTERBROOK and HAMILTON, Circuit Judges.

Focus: Immigration – Re-Entry – Venue

Illinois was not permissible venue because appellant did not commit any crime there.

“This is enough, in our view, to hold ICE jointly responsible for Orona‐Ibarra’s move to Illinois, and to evaluate his venue claim on that basis. The dissent argues that because an ICE detainer does not compel local law enforcement to hold any‐ one in custody, see Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014), we must consider Orona‐Ibarra’s move from Texas to Illinois as if it were freely made. But our decision does not rest on the belief that it was ICE that had Orona‐Ibarra in custody from the time when he was “found” in Texas, or that ICE has the power to force either Texas or Illinois to hold him. The statutory term is “found,” not “held.” It is thus enough that Orona‐Ibarra was actually “found” by ICE in Texas, and that he has been in custody (whether by ICE, or the Marshals, or by state authorities) since that time with ICE’s full knowledge—in other words, that he was never “lost” by ICE such that he could be “found” again. Thus we have no disagreement with Galarza.”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.