United States v. Ailon-Ailon

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The Tenth Circuit expedited consideration of this bail appeal to consider Mario Ailon-Ailon’s argument that the government has misinterpreted the word “flee” as it appeared in 18 U.S.C. 3142(f)(2), resulting in his illegal pre-trial detention. He argued that involuntary removal by the Bureau of Immigration and Customs Enforcement (“ICE”) did not constitute flight of the sort that would justify detention. On initial consideration, a magistrate judge agreed and determined that Ailon-Ailon should not have been detained before trial. On review of the magistrate judge, the district court reversed, ordering that he be detained. The Tenth Circuit concluded that the plain meaning of “flee” refers to a volitional act rather than involuntary removal, and that the structure of the Bail Reform Act supported this plain-text reading. View "United States v. Ailon-Ailon" on Justia Law