Daniel Zavala v. Richard Ives

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

OPINION

Daniel Zavala seeks credit toward his criminal sentence under 18 U.S.C. § 3585 (b), the sentencing credit statute, for two periods of time during which he *369 was detained by the U.S. Immigration and Customs Enforcement Service (ICE) prior to the commencement of his criminal sentence for illegal reentry under 8 U.S.C. § 1326 . We hold 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 accordingly entitled to credit toward his criminal' sentence.

I.

On September 20, 2010, Zavala was transferred from state custody, where he had finished serving a state criminal sentence, into the custody of ICE. That same day, an ICE officer gave him a Form I-871, U.S. Department of Homeland Security Notice of Intent/Decision to Reinstate Prior Order, which Zavala signed. 1 The I-871 Form provided that ICE had determined that Zavala was subject to a prior order of removal entered on May 2, 2006, that he had previously been removed on May 3, 2006 pursuant to an order of removal, and…

concurring in part and dissenting in part:

At issue is how much of the time that an alien spends in the custody of the U.S. Immigration and Customs Enforcement Agency (ICE) prior to the commencement of a criminal sentence must be credited against that alien’s sentence for illegal reentry. I agree with the majority that, under 18 U.S.C. § 3585 (b), an alien is eligible for credit for all time spent in ICE custody from the day he or she is indicted or criminally charged. On that day, the alien becomes subject to the U.S. Attorney General’s control and thus is in “official detention” within the meaning of § 3585(b) as the Supreme Court and the U.S. Bureau of Prisons (BOP) have interpreted that term. Reno v. Koray, 515 U.S. 50, 55-56 , 115 S.Ct. 2021 , 132 L.Ed.2d 46 (1995); U.S. Dep’t of Justice, BOP Program Statement No. 5880.28(c).

The majority, however, also adopts a broader interpretation of § 3585(b), that “an alien is entitled to credit toward his criminal sentence ... for the period during which ICE detained the alien pending potential criminal prosecution.” Maj. Op. 377 (emphasis added). I dissent from this broader ruling and its application to this case because it (1)…

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL ALEJANDRO ZAVALA, No. 13-56615 Petitioner-Appellant, D.C. No. v. 2:13-cv-03603-JFW-E

RICHARD B. IVES, Warden, Respondent-Appellee. OPINION

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted August 4, 2014—Pasadena, California

Filed May 18, 2015

Before: Stephen Reinhardt, Kim McLane Wardlaw, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Reinhardt; Partial Concurrence and Partial Dissent by Judge Callahan SUMMARY*

Habeas Corpus

The panel reversed the district court’s denial of federal prisoner Daniel Alejandro Zavala’s 28 U.S.C. § 2241 habeas corpus petition claiming improper denial of sentencing credit, and remanded.

The panel held that when immigration officials detain an alien pending potential prosecution, the alien is entitled under 18 U.S.C. § 3585(b) to credit toward his criminal sentence; that an alien is entitled to credit for all time spent in Immigration and Customs Enforcement Agency detention subsequent…