United States v. Ventura, No. 17-3904 (2d Cir. 2024)
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The case in question involves a defendant, Saba Rosario Ventura, who was initially detained by Immigration and Customs Enforcement (ICE) after the District Court ordered his release on bail pending his criminal trial. The District Court later dismissed the indictment against Ventura, arguing that ICE had detained him in bad faith, aiming to circumvent the bail order. The case was appealed to the United States Court of Appeals for the Second Circuit, which previously remanded the case to the District Court to clarify whether it had found that ICE's detention of Ventura was a direct violation of a federal court order releasing him under the Bail Reform Act.
On remand, the District Court reasserted its claim that ICE's detention of Ventura was pretextual and in bad faith, not for removal, but to detain him pending his criminal trial. However, the Court of Appeals disagreed, finding no substantial evidence to support the District Court's assertion. The Court of Appeals noted that the District Court's finding was based on legal arguments rather than factual evidence. It also noted that, even if ICE disagreed with the District Court's assessment of Ventura's risk of flight, it was not enough to prove that ICE's detention was pretextual.
The Court of Appeals ultimately reversed the District Court's orders, concluding that the finding of ICE's pretextual and bad faith detention of Ventura was clearly erroneous, given the lack of factual evidence.
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