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Posted: 3/25/2017 1:32:04 PM EDT


Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned.

A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect.

The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest.

“I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post.

“And now they’re asking for bail because even going to Rikers is better than being deported.”

Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said

Link
Link Posted: 3/25/2017 1:34:50 PM EDT
[#1]
Whatever. Just prolonging the inevitable. MAGA!
Link Posted: 3/25/2017 1:37:55 PM EDT
[#2]

Mercado, of The Bronx’s Belmont neighborhood, had been arrested three times for what he himself termed “fishing” envelopes out of nearby mailboxes using rodent glue traps and string, according to a criminal complaint.
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Isn't that a felony?
Link Posted: 3/25/2017 1:50:35 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Isn't that a felony?
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Isn't that a federal crime?; Provided it's a USPS mailbox.
Link Posted: 3/25/2017 1:51:33 PM EDT
[#4]
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Quoted:
Isn't that a felony?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:

Mercado, of The Bronx’s Belmont neighborhood, had been arrested three times for what he himself termed “fishing” envelopes out of nearby mailboxes using rodent glue traps and string, according to a criminal complaint.
Isn't that a felony?
I thought tampering with the mail was a federal crime, I guess not anymore?
Link Posted: 3/25/2017 1:52:59 PM EDT
[#5]
ICE should just pay their bail and then deport them.
Link Posted: 3/25/2017 1:56:16 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
ICE should just pay their bail and then deport them.
View Quote
I like the cut of your jib. 
Link Posted: 3/25/2017 1:57:28 PM EDT
[#7]
Just another way to pass the expenses on to the local government and in turn tax payer.  Get enough of them in jail and see what it does to the jail budget.
Link Posted: 3/25/2017 1:57:49 PM EDT
[#8]
Edit for the double tap.
Link Posted: 3/25/2017 1:59:34 PM EDT
[#9]
Federal law enforcement can't take someone out of jail?
Link Posted: 3/25/2017 2:00:19 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought tampering with the mail was a federal crime, I guess not anymore?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Mercado, of The Bronx’s Belmont neighborhood, had been arrested three times for what he himself termed “fishing” envelopes out of nearby mailboxes using rodent glue traps and string, according to a criminal complaint.
Isn't that a felony?
I thought tampering with the mail was a federal crime, I guess not anymore?
If you are illegal, the laws of the land don't apply to you
Link Posted: 3/25/2017 2:01:41 PM EDT
[#11]
Go fundme for the bail ???
Link Posted: 3/25/2017 2:06:22 PM EDT
[#12]
Link Posted: 3/25/2017 2:07:03 PM EDT
[#13]
Link Posted: 3/25/2017 2:17:19 PM EDT
[#14]
Link Posted: 3/25/2017 2:28:43 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Federal law enforcement can't take someone out of jail?
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I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system?
Link Posted: 3/25/2017 2:29:31 PM EDT
[#16]
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Quoted:
I thought tampering with the mail was a federal crime, I guess not anymore?
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Yeah good luck finding a Fed to come out and do the pinch.
Link Posted: 3/25/2017 2:32:04 PM EDT
[#17]
Nothing stops the feds from writting the BGs over to federal court for deportation proceedings and returning them to state custody when they're done - and removal orders & arrest warrants are in hand.
Link Posted: 3/25/2017 2:37:35 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Nothing stops the feds from writting the BGs over to federal court for deportation proceedings and returning them to state custody when they're done - and removal orders & arrest warrants are in hand.
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And whose side would that Fed judge be on, which way would he go? If he is an antifa judge? A Trump hater?
Link Posted: 3/25/2017 2:42:07 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system?
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Two terms/actions  associated with an inmates file:  "ICE Hold" and "USMS Hold".
Link Posted: 3/25/2017 2:49:58 PM EDT
[#20]
This nation is turning into a really bad B movie
Link Posted: 3/25/2017 2:53:49 PM EDT
[#21]
Disbarred the lawyers and recall the judge.
Link Posted: 3/25/2017 3:06:17 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Excellent point. Anywhere but NYC you'd blow your budget for the year in the first quarter or two. NYC may but care and may resort to just letting more non illegals go free without bail.
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Serious question, maybe you have some insight from your side:  The judge(s) that went along with this are only delaying this.  In the past, we had a county commission that was upset about the jail population that they had to pay for.  The reason being that even with speedy trial being waived, they had defendants in custody for non capital crimes that had been in jail well over a year without having a tentative trial date set.  The commissioners had the warden prepare the research on the inmate population and their court status and met with the Chief Judge.  The problem came down to a combination of a few criminal divisions not moving cases.  It was a combination of lax judicial oversight and the public defenders in the division on moving the cases forward.  End result, the Chief Judge meets with the  judges and informs them of the impact it is having on the jail budget and that any increase in funding by the commission will be attributed to the bench.  Judges go back to their divisions and advise that they will be staying as long as necessary to clear up the trial docket and the elected public defender moves assistant PD's to help clear cases.  

If the number of illegals increases that are doing this, is there a remedy that could come from the funding source to stop such abuses of one system usurping another?
Link Posted: 3/25/2017 3:09:19 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


If you are illegal, the laws of the land don't apply to you
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exactly
Link Posted: 3/25/2017 3:10:44 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This nation is turning into a really bad B movie
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From a previous thread :"You voted for Hitler, literally Hitler"
Link Posted: 3/25/2017 3:20:19 PM EDT
[#25]
You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody.

Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know.
Link Posted: 3/25/2017 3:32:32 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Two terms/actions  associated with an inmates file:  "ICE Hold" and "USMS Hold".
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system?
Two terms/actions  associated with an inmates file:  "ICE Hold" and "USMS Hold".
So then say the guy is in for a year in local custody cause he did not want to bail, tampering with the mail, some guys say here a fed offense and some guys here say the laws do not apply to illegals violating something federal. Now he goes up before a local judge who springs him. In this case it was highlighted by the newspaper. He goes to the Feds. In a case where it's not highlighted in the media are the locals obligated to contact ICE or CBP? It looks like tampering with the mail in this case was not enough to turn him over to the Feds right away. Is every illegal investigated by ICE? I have a feeling the answer is no, especially in a place of huge amounts of illegals like NYC
Link Posted: 3/25/2017 3:32:58 PM EDT
[#27]
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Quoted:
Disbarred the lawyers and recall the judge.
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For refusing to post bail?
Link Posted: 3/25/2017 3:38:06 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody.

Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know.
View Quote
Without a warrant?
Link Posted: 3/25/2017 3:40:26 PM EDT
[#29]
Maybe the guy was stealing from the UPS or FedEx boxes, maybe those don't violate any Fed statutes
Link Posted: 3/25/2017 3:44:58 PM EDT
[#30]
Big surprise. It's NYC. If the alien was  wanted for failing to appear in immigration court, it's likely that the Immigration Judge issued an Order of Deportation in absentia. That means no more court hearings or delays. The alien will be deported as soon as they get hands on him, unless he's from a country other than Mexico. Then they would have to get a travel document from his country of citizenship in order to execute the order.
Link Posted: 3/25/2017 3:45:41 PM EDT
[#31]
Attorney General Sessions needs to start applying and enforcing the law.

https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a

1907. Title 8, U.S.C. 1324(a) Offenses:

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Link Posted: 3/25/2017 3:53:19 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody.

Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know.
View Quote
Why is that? The article only stated that the alien was wanted for failure to appear in Immigration Court. That is an Administrative Court, not a criminal U.S. District Court. The Immigration Judge is an Administrative judge and has no jurisdiction or authority to order any agency to remand an alien in their custody back to his court.  Deportation is an Administrative action, not a criminal action. The criminal charges against the alien take precedence over the deportation action. That's like a person arrested for a felony theft charge is in jail pending the theft charge and another city learns that the person is an jail for theft so, the other city finds that person has some outstanding traffic tickets and wants custody of him. They're not getting him for the traffic charges until his theft case is concluded or the person posts bond.
Link Posted: 3/25/2017 3:54:26 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Attorney General Sessions needs to start applying and enforcing the law.

https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a

1907. Title 8, U.S.C. 1324(a) Offenses:

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
View Quote
Would holding an illegal in a local jail be in violation of any of the above subsection statutes?
Link Posted: 3/25/2017 4:03:37 PM EDT
[#34]
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Quoted:
With the NY tax payers paying the bill to incarcerate them when they are going to end up getting deported.  
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Quoted:
Whatever. Just prolonging the inevitable. MAGA!
With the NY tax payers paying the bill to incarcerate them when they are going to end up getting deported.  
rid of them
My point is simply that they broke the law to get put in jail in the first place. Let them serve their sentence and THEN get rid of them.
Link Posted: 3/25/2017 4:06:28 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Attorney General Sessions needs to start applying and enforcing the law.

https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a

1907. Title 8, U.S.C. 1324(a) Offenses:

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
View Quote
That's not going to happen. Remember the Washington state/local judge who went beyond what the judge in this case did and allowed the illegal alien to elude ICE by walking out of the building through the judge's chambers? The US Attorney over that district was not going to start a precedent and file charges against that judge. The judge in NYC used her legal authority to set a bond. Not likely anyone, even good old, Preet (if he hadn't been fired), would go after this judge. The case for 8 USC 1324 is weak as the judge wasn't trying to shield from detection or conceal the illegal alien. The legal action of setting a bond on a person under the court's jurisdiction in order to harbor the alien would be an extremely difficult charge to try and file (my experience with US Attorney's is they want cases that are slam dunk or very close to it). And, no where in the article was there any indication that the court judge encouraged or induced the alien "to come to, enter, or reside in the United States." The alien had already "come to, entered, and resided in the US long before he came into that judge's court room.
Link Posted: 3/25/2017 4:08:05 PM EDT
[#36]
Quoted:
https://thenypost.files.wordpress.com/2017/03/12304jailbars1.jpg?quality=90&strip=all&w=642

Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned.

A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect.

The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest.

“I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post.

“And now they’re asking for bail because even going to Rikers is better than being deported.”

Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said

Link
View Quote


arrest them all for conspiracy to avoid federal laws...
Link Posted: 3/25/2017 4:10:08 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Would holding an illegal in a local jail be in violation of any of the above subsection statutes?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Attorney General Sessions needs to start applying and enforcing the law.

https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a

1907. Title 8, U.S.C. 1324(a) Offenses:

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Would holding an illegal in a local jail be in violation of any of the above subsection statutes?
No. The alien was legally put in jail on their criminal charges. Deportation charges are not criminal, they are administrative.
Link Posted: 3/25/2017 4:11:25 PM EDT
[#38]
NYC?  Who gives a fuck?
Link Posted: 3/25/2017 4:15:13 PM EDT
[#39]
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Quoted:


arrest them all for conspiracy to avoid federal laws...
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Quoted:
Quoted:
https://thenypost.files.wordpress.com/2017/03/12304jailbars1.jpg?quality=90&strip=all&w=642

Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned.

A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect.

The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest.

“I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post.

“And now they’re asking for bail because even going to Rikers is better than being deported.”

Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said

Link


arrest them all for conspiracy to avoid federal laws...
Like what? They haven't violated any. Now, if the jail released the alien and after the alien walked out of jail, the detention officers physically prevented ICE agents from apprehending the alien after he left the jail then the detention officers could be arrested or indicted later for impeding federal officers under criminal violation of

18 USC 111

(a) In General.—Whoever—
(1)   forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or

(2)   forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,

shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
Link Posted: 3/25/2017 4:15:57 PM EDT
[#40]
Link Posted: 3/25/2017 4:19:37 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No. The alien was legally put in jail on their criminal charges. Deportation charges are not criminal, they are administrative.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Attorney General Sessions needs to start applying and enforcing the law.

https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a

1907. Title 8, U.S.C. 1324(a) Offenses:

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Would holding an illegal in a local jail be in violation of any of the above subsection statutes?
No. The alien was legally put in jail on their criminal charges. Deportation charges are not criminal, they are administrative.
According to the statutes, I knew the answer, but I am not a lawyer
Link Posted: 3/25/2017 4:29:01 PM EDT
[#42]
Once they get in Rikers they may change their tone a lot.  Wasn't there a story recently about people taking pleas just to get out of Timers because it was so dangerous.
Link Posted: 3/25/2017 4:34:54 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
ICE should just pay their bail and then deport them.
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I was going to suggest a go fund me or or something.
Link Posted: 3/25/2017 8:06:06 PM EDT
[#44]
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Quoted:
Without a warrant?
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Quoted:
Quoted:
You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody.

Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know.
Without a warrant?
Judges are the ones that sign those.
Link Posted: 3/25/2017 8:09:22 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Once they get in Rikers they may change their tone a lot.  Wasn't there a story recently about people taking pleas just to get out of Timers because it was so dangerous.
View Quote
http://www.ar15.com/forums/t_1_5/1972168_Riker-s-Island-is-so-f-cked-up-that-inmates-who-are-innocent-take-plea-deals.html
Link Posted: 3/25/2017 11:46:59 PM EDT
[#46]
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Quoted:


Isn't that a federal crime?; Provided it's a USPS mailbox.
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US Attorney's in NY don't want to be bothered with anything petty - they want million dollar fraud cases to attach their names to...
Link Posted: 3/26/2017 12:06:17 AM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system?
Feds have federal authority to make arrests.
NYS recognizes that authority & gives all these feds the ability to enforce state law too.
(They can't just march into Rikers & demand prisoners be turned over though.)

http://ypdcrime.com/cpl/article2.htm

S 2.15 Federal law enforcement officers; powers.
 The  following  federal law enforcement officers shall have the powers set forth in paragraphs (a) (with the exception of the powers provided by paragraph (b) of subdivision one and paragraph (b) of subdivision three of section 140.25 of this chapter), (b), (c) and (h) of subdivision one of section 2.20 of this article:
   1. Federal Bureau of Investigation special agents.
   2. United States Secret Service special agents.
   3.  Immigration and Customs Enforcement special agents, deportation officers, and detention and deportation officers.
   4. United States Marshals and Marshals Service deputies.
   5. Drug Enforcement Administration special agents.
   6. Federal Protective Officers, including law enforcement security  officers,  criminal  investigators and police officers of the Federal Protective Service.
   7. United States Customs and Border Protection Officers and United States Customs and Border Protection Border Patrol agents.
   8. United States Postal Service police officers and inspectors.
   9.  United States park police; provided, however that, notwithstanding any provision of this section to the contrary, such park police shall also have the powers set forth in paragraph (b) of subdivision one of section 140.25 of this chapter and the powers set forth in paragraphs (d), (e) and (g) of subdivision one of section 2.20 of this article.
   10. United States probation officers.
   11. United States General Services Administration special agents.
   12. United States Department of Agriculture special agents.
   13. Bureau of Alcohol, Tobacco and Firearms special agents.
   14. Internal Revenue Service special agents and inspectors.
   15. Officers of the United States bureau of prisons.
   16. United States Fish and Wildlife special agents.
   17. United States Naval Investigative Service special agents.
   18. United States Department of State special agents.
   19.  Special  agents  of the defense criminal investigative service of the United States department of defense.
   20.  United States Department of Commerce, Office of Export Enforcement, special agents.
   21.  United States Department of Veterans Administration police officers employed at the Veterans Administration Medical Center in Batavia.
   22. Federal Reserve law enforcement officers.
   23. Federal air marshal program special agents.
   * 24.  United  States  department  of  transportation federal police officers and police supervisors assigned to the United  States  Merchant Marine  Academy  in  Kings  Point,  New  York;  provided,  however that, notwithstanding any provision of this section to the contrary,  such police  shall  also  have  the  powers  set  forth  in  paragraph (b) of subdivision one of section 140.25 of this chapter  and  the  powers  set forth  in paragraphs (d), (e) and (g) of subdivision one of section 2.20 of this article when acting pursuant to their special duties within the geographical  area  of  their  employment or within one hundred yards of such geographical area.
   * NB There are 2 sb 24's
   * 24. United States Coast Guard Investigative Service special agents.
   * NB There are 2 sb 24's
   25.  United  States  Department  of  Commerce,  special   agents   and enforcement   officers   of   the   National   Oceanic  and  Atmospheric Administration's Fisheries Office for Law Enforcement.
   26. Department of the  Army  special  agents,  detectives  and  police officers.
   27.  United  States  Department  of  Interior,  park  rangers with law enforcement authority.
   28. United States Environmental Protection Agency special agents  with law enforcement authority.
   29. United States mint police.
S 2.20 Powers of peace officers.
  1.  The  persons designated in section 2.10 of this article shall have  the following powers:
   (a) The power to make warrantless arrests pursuant to  section  140.25 of this chapter.
   (b)  The  power  to  use  physical  force and deadly physical force in making an arrest or preventing an escape pursuant to  section  35.30  of the penal law.
   (c) The power to carry out warrantless searches whenever such searches are  constitutionally  permissible  and acting pursuant to their special duties.
   (d) The power to issue  appearance  tickets  pursuant  to  subdivision  three  of  section 150.20 of this chapter, when acting pursuant to their special duties. New York city special patrolmen shall have the power to issue  an  appearance  ticket  only  when  it  is  pursuant to rules and regulations of the police commissioner of the city of New York.
   (e) The power to issue uniform appearance tickets pursuant to  article twenty-seven  of the parks, recreation and historic preservation law and to issue simplified traffic informations pursuant to section  100.25  of this  chapter  and  section two hundred seven of the vehicle and traffic law whenever acting pursuant to their special duties.
   (f) The power to issue a uniform navigation summons  and/or  complaint pursuant  to  section  nineteen  of  the  navigation law whenever acting pursuant to their special duties.
   (g) The power to issue uniform appearance tickets pursuant to  article seventy-one  of  the  environmental  conservation  law,  whenever acting pursuant to their special duties.
   (h) The power to possess and take custody of firearms not owned by the peace officer, for the purpose of  disposing,  guarding,  or  any  other lawful purpose, consistent with his duties as a peace officer.
   (i)  Any  other  power  which  a particular peace officer is otherwise authorized to exercise by any general, special or local law  or  charter whenever  acting  pursuant to his special duties, provided such power is not inconsistent with the provisions of the penal law or this chapter.
   (j) Uniformed court officers shall have the  power  to  issue  traffic summonses  and  complaints for parking, standing, or stopping violations pursuant to the vehicle and traffic  law  whenever  acting  pursuant  to their special duties.
   2.  For  the purposes of this section a peace officer acts pursuant to his special duties when he performs the duties of his  office,  pursuant to  the  specialized  nature of his particular employment, whereby he is required or authorized to enforce any general, special or local  law  or charter, rule, regulation, judgment or order.
   3.  A  peace  officer,  whether  or not acting pursuant to his special duties, who lawfully exercises any of  the  powers  conferred  upon  him pursuant  to this section, shall be deemed to be acting within the scope of his public employment for purposes  of  defense  and  indemnification rights  and  benefits  that  he  may  be otherwise entitled to under the provisions of section fifty-k of  the  general  municipal  law,  section seventeen  or  eighteen  of  the  public  officers  law,  or  any  other applicable section of law.
Link Posted: 3/26/2017 12:08:53 AM EDT
[#48]
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Quoted:


That's not going to happen. Remember the Washington state/local judge who went beyond what the judge in this case did and allowed the illegal alien to elude ICE by walking out of the building through the judge's chambers? The US Attorney over that district was not going to start a precedent and file charges against that judge. The judge in NYC used her legal authority to set a bond. Not likely anyone, even good old, Preet (if he hadn't been fired), would go after this judge. The case for 8 USC 1324 is weak as the judge wasn't trying to shield from detection or conceal the illegal alien. The legal action of setting a bond on a person under the court's jurisdiction in order to harbor the alien would be an extremely difficult charge to try and file (my experience with US Attorney's is they want cases that are slam dunk or very close to it). And, no where in the article was there any indication that the court judge encouraged or induced the alien "to come to, enter, or reside in the United States." The alien had already "come to, entered, and resided in the US long before he came into that judge's court room.
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We AG now.
Link Posted: 3/26/2017 12:16:54 AM EDT
[#49]
Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal.
Link Posted: 3/26/2017 12:29:23 AM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal.
Anybody can file a formal complaint against an attorney.
The attorney will have to answer each complaint in writing.
It wouldn't look good if 500 complaints were filed against the same guy (although in NY the court system is so corrupt that they would probably consider this normal behavior)...

https://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml

How to File a Complaint Against a Lawyer
Making a complaint is a very serious matter and before taking that step it is often wise for a person to communicate with the attorney, preferably in writing, in an attempt to mutually work out a solution to existing problems. However, if a person believes that an attorney has acted unethically, he or she may file a complaint against the lawyer simply by submitting a signed, written statement setting forth a clear, concise statement of the facts and circumstances of the alleged misconduct. No special legal knowledge is needed to file one. The complainant should provide copies of any documentary evidence that supports the claim and include the names and addresses of any witnesses who can support the allegations of the complaint.

Complaints against attorneys cannot be made anonymously. They must be in writing and be signed by the complainant. They may be made on a complaint form (PDF) available on this site or may be made in the form of a letter to the appropriate grievance committee. The complainant must provide an address and telephone number at which he or she can be reached.

How Are Complaints Processed?
Upon receipt of a complaint, it is examined by a staff attorney at the grievance committee to evaluate whether or not it is a matter that the committee can or should investigate. Some complaints may be transferred to the grievance, mediation, or fee dispute committee of a local bar association. The staff attorney will notify the complainant in writing if this occurs and provide the contact information of the committee to which the complaint has been transferred.

The staff attorney may conclude that a complaint describes conduct that, even if true, does not violate a provision of the Rules of Professional Conduct (22 NYCRR part 1200), and therefore does not involve professional misconduct. On occasion, an otherwise valid complaint may not be suitable for investigation due to other contributing factors. In such cases, the staff attorney will notify the complainant in writing and explain the reasons why the committee is unable to be of assistance.

If it is determined that a complaint is suitable for investigation, the grievance committee will request the attorney to answer it. The attorney has a professional obligation to comply with that request and the failure to submit an answer may, in and of itself, constitute professional misconduct. After the attorney’s answer is received, the grievance committee may further investigate the complaint by looking at any documents or court records that may help, speaking to witnesses, and speaking further, if necessary, to the complainant and to the attorney.


When the investigation is completed, the results will be reported to the full grievance committee at one of its monthly meetings where it will be reviewed and discussed. Then any one of several things may happen:

• The complaint may be dismissed. This does not mean the committee did not believe the complainant, but instead, it may mean that there was insufficient evidence of misconduct or that the provable conduct did not violate a provision of the Rules of Professional Conduct (22 NYCRR part 1200).

• The committee may take appropriate action by sending a confidential letter to the lawyer. A Letter of Advisement is sent when the committee is of the opinion that the attorney acted in a manner which, while not constituting clear professional misconduct, involved behavior requiring comment. An Admonition is issued in those cases in which the committee finds that the lawyer committed clear professional misconduct that was not sufficiently serious to warrant the commencement of a formal disciplinary proceeding.

• In cases involving serious misconduct, the committee may seek authorization from the Appellate Division of the Supreme Court to commence a disciplinary proceeding. The complainant may be requested to give sworn testimony at a hearing held as part of such a proceeding. If misconduct is proven in the course of a formal disciplinary proceeding, the court may take disciplinary action against the attorney in the form of an order of public censure, suspension from practice, or disbarment.
http://www.nycourts.gov/rules/jointappellate/ny-rules-prof-conduct-1200.pdf
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