United States v. Barrera-Landa, No. 20-4044 (10th Cir. 2020)Annotate this Case
This appeal involved the relationship between the detention and release provisions of two statutes: the Bail Reform Act (BRA), 18 U.S.C. sections 3141-3156, and the Immigration and Nationality Act (INA), 8 U.S.C. sections 1101-1537. The district court ordered Jose Luis Barrera-Landa released pending trial subject to the conditions the magistrate judge set in an earlier order. Barrera did not appeal that portion of the district court’s release order. As part of its order granting pretrial release, the district court denied Barrera’s request to enjoin the United States Immigration Customs and Enforcement (ICE) from detaining or deporting him during the pending criminal proceedings. Barrera appealed that portion of the district court’s release order. Barrera raised two new arguments on appeal: (1) 18 U.S.C. 3142(c) authorized a district court to prohibit the United States from deporting a defendant to assure his appearance in court; and (2) the Tenth Circuit should recognize the courts’ inherent supervisory authority to enjoin the United States from arresting or deporting Barrera while the criminal case is pending. Furthermore, Barrera argued the government had to choose to either proceed with immigration enforcement or his criminal prosecution, but could not do both. He asserted that if the government chose to prosecute, it had to must submit to the detention rules that governed criminal prosecutions and ICE could not detain or remove him. The district court denied Barrera’s request to enjoin ICE, explaining that every circuit that has addressed the issue has concluded that ICE may fulfill its statutory duties under the INA to detain an illegal alien regardless of a release determination under the BRA. The Tenth Circuit found Barrera forfeited his first two arguments by failing to raise them at the district court. The Court concluded the BRA and the INA "are capable of co-existing in the circumstances presented here." It therefore affirmed the district court's release order.