This violates longstanding practice in Federal courts where illegal aliens (who have no incentive to appear in court) are held in immigration custody, even if they make bail in their criminal cases. Even more amazing is that an illegal alien can make bail at all, though generally it was understood in Federal criminal courts that bail was irrelevant in the cases of illegal aliens since they would be held in immigration custody.
An accused money launderer who made $100,000 bond but remains in jail is the latest person caught in a new skirmish between the feds and the courts.
Three times in the past six months, New York federal judges have told authorities they can’t have someone in ICE custody when that same person has already made bail.
That was Brooklyn Federal Judge Dora Irizarry’s message on Salomon Benzadon Boutin, whose ICE custody actually made his criminal case go away.
Irizarry said the feds could release Boutin, 36, from immigration custody so he could fight the criminal case while out on his bond. Or, she said, they could keep Boutin in his New Jersey jail and watch her dismiss the indictment.
[Brooklyn Federal Judge Tosses Criminal Case After ICE Refuses To Release Man Who Made Bail, by Andrew Keshner, NYDN, January 7, 2018]
In a separate July case, Manhattan Federal Judge Valerie Caproni wrote the legal code wasn't some "take-out food menu whereby the Government can mix-and-match" bail and immigration laws.
Manhattan federal prosecutors opted to let Thiodore Galitsa stay on bail, and then secured an illegal reentry conviction at trial.
Time for Congress to impeach both these Kritarchs who seek to have the United States overrun by drug dealing illegal aliens.