may have please the court your honors good afternoon my name is daniel winner of day pitney i'm c j counsel for mr reyes battista i received a call this morning from my friend on the other side indicating the government withdraws its opposition to our motion for release pending trial therefore i would ask the panel to enter an order vacating the district court order and remanding with instructions that the district court hold a hearing at which it will set suitable conditions of release pursuant to eighteen c sections thirty one forty two two and c i'm happy to answer any questions the court might have otherwise i'll sit down and let mr chen address the court with the government's position is the we have countered a hearing before a magistrate judge richardson on thursday that the defendant will be produced the government has been in touch with the department of homeland security as well if there are no further question government would have potentially done things differently but presently as the cases postured were ready to go to trial in two weeks the government has received the authorisation from the us attorney and we would intend to go forward with trial is as it was presently proposed by the defense there were three cosigners on a non surety basis and those were recommended by the defense and he would be most competent to address those there he will be produced on thursday as scheduled and it's effectively stipulated here that on thursday subject to the an order from the magistrate judge richardson he will be released on bail yes from the government's position that the united states attorney's office will not be an impediment to his release in candor to the court with respect to the immigration detainer mysterious but he has to would have i think your honor is correct i think in the government's practical view the distinction is is essentially moot so i would not reserve on any ceremonial matters with respect to the language i think my brother counsel was essentially saying the government will take the position we will not be opposing the bond motion on the district court level from this point forward but explain to us with this means about this detail which is often skewer there is still a immigration detainer with respect to mr ray's battista because he's an aggravated felon and he was deported and he was removed in one thousand nine hundred six and because once the government's position with respect to the bond motion is essential a dissipated the what would take precedence now would be the immigration detainer still be held in fact he would be held in a fact but not by not by the government not by the united states attorney's office for the  president posture of the case were to dissipate the ice detain or would take place and so he would be held by immigration authorities he would have his prerogative to address the immigration court for him to be released and as a matter of practice i have had other cases in which someone who is without legal status to be released the reason this is practically moot because he will be detained unless that he can  an order isn't the brother this should course of the u s attorney no longer standing as an impediment to his release where does he physically go then does he go back to richardson until further notice or one where will he be physically which is in greenfield massachusetts which is approximately one hour north of hartford and the government's concern is that the trial has been scheduled where essentially thirteen days away from the commencement of the case in chief and we didn't want any issue with respect to the production of the body in order to commence those proceedings because i have spoken to the immigration authorities in connecticut i have prevailed upon them that it is necessary that he must be there to stand trial a jury was selected already on in the course of the trial in a facility near the courthouse if he has not prevailed upon a motion to the immigration court for his release yes your honor r thank your honor i represent mr risk in the district court action in connecticut i do not represent him with regard to any immigration matters my understanding however is as mr chen explained if he is released on conditions from the district court in the criminal case he would be then held in immigration custody where he could pursue an immigration bond i've had several discussions with mr ray's between about that and that is what his wish is that he and counsel in that matter he does not have counsel that i'm aware of although i understand that his family has been in touch with immigration attorneys in order to try to help with his immigration issues which are separate from as i understand it you made a little bit more to look you do what you going to do it's a little bit more difficult for the u s attorney component of the government to keep your client close of the courthouse in connection with his  trial well your honor i would say yes and no to that unfortunately in the district of connecticut criminal defendants are held at wyatt tention syllabi which is in rhode island which is actually further away than the facility that mr chen has suggested that mr ross but he still brings him in the other defendants in the district he's dropped off at the courthouse in hartford he would be there for the proceedings for that day and then he's returned that evening the proceedings of the immigration court no you're on of the proceedings in the federal district court just confusion on my part the immigration court is also located in hartford i believe the immigration court is actually located in the same federal building in hartford that the u s district court is y judge that he be bonded out and my understanding is it is easier for even individuals who have no legal status to get immigration bonds i understand that they have to actually post a bond they can be released on conditions including ankle bracelets and the like it's also your understanding that he'll be detained by us it i do understand that there is an immigration detainer and mr chen has explained that the immigration authorities will be there to pick him up if if you were not released this could go on indefinitely i suppose you get to forty months in a minute so to speak a believe so your honor so just take a step back i am the he was detained he changed lawyers several times there was extensive pretrial motion practice a trial date has been scheduled i have discussed with mr chen and the notion that upon conviction if that's what happens that we would have a sentencing held expeditiously either way however he does not have legal status in the united states so he's subject to whatever immigration enforcement there might be for him you're going to try this case yes your honor you with the new office in hartford yes  was just thinking of what this court should do i suppose if this court chooses to just dismiss the motion is moot and remand the case to the district court for magistrate judge richardson to do whatever he needs to do my only concern and the reason i expressed it the way i did your honor is if we get to the district court and judge richardson does not want to release mr ray's but he's done conditions then i would be concerned that we will be right back here and he's going to be tried before judge