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BARRY J. PORTMAN

Federal Public Defender

ELIZABETH M. FALK

Assistant Federal Public Defender

450 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant GODOY

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

CARLOS MIRANDA GODOY,

Defendant. 

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No. CR 09-1112 MHP

STIPULATION AND [PROPOSED]

ORDER SETTING BAIL HEARING

Date: May 13, 2010

Time: 9:30 a.m.

Court: The Honorable Joseph C.

Spero

STIPULATION

The parties agree to set a bail review hearing in the above-captioned matter on May 13, 2010 at

9:30 a.m. The parties agree that the relevant facts are as follows:

Mr. Miranda-Godoy is currently charged in a one count indictment with violation of 8 U.S.C. §

1326, illegal re-entry following deportation. He made his initial appearance in this matter on

November 18, 2009 before the Honorable James Larson. On November 23, 2009, Mr. MirandaGodoy waived his right to a bail hearing and findings as a result of a hold placed by Immigration and

Customs Enforcement (ICE). On February 22, 2010, Mr. Miranda-Godoy pled guilty to the

indictment. Judgment and sentencing are currently set for June 14, 2010 before the Honorable

Marilyn Hall Patel.

While the instant criminal case was pending, Mr. Miranda-Godoy filed an appeal of the

immigration judge’s order denying him relief from deportation under the Convention Against

Torture (“CAT”) on the grounds that he would be tortured if removed to his home country of

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- 2 -

Guatemala. On April 8, 2010, the Board of Immigration Appeals reversed the decision of the

Immigration Judge, and ordered CAT relief granted for Mr. Miranda-Godoy. No timely motion for

reconsideration was filed by ICE, nor was an appeal filed with the Ninth Circuit. According to Mr.

Miranda-Godoy’s immigration counsel, Sara Coppin from the law office of Robert Jobe, the time for

appealing the decision of the BIA has thus passed, and the CAT grant is final. According to Ms.

Coppin, Mr. Miranda-Godoy is now eligible for release by ICE with the CAT grant because he will

not be deported at the conclusion of the criminal proceedings.

Mr. Miranda-Godoy now seeks release from custody on the criminal case so he can be returned

to ICE for entry of an order granting CAT relief and release from custody by ICE. The parties are in

negotiations as to a potential resolution of the criminal case. Mr. Miranda-Godoy has sureties who

will be present on May 13, 2010, including his mother and adult sister who live and work in San

Francisco legally. His mother will require the assistance of a Spanish interpreter.

Assistant United States Attorney Kevin Barry has no objection to setting a detention hearing on

May 13, 2010 at 9:30 a.m. Counsel for Mr. Miranda-Godoy initially approached the Honorable

James Larson to request that the matter be set for a detention hearing, as Judge Larson was the

original judge who accepted Mr. Miranda-Godoy’s waiver of his right to a detention hearing. The

parties are now proceeding instead before this Court upon information provided by Mr. Wings Hom,

courtroom deputy to the Honorable James Larson, because Judge Larson did not make any

determination in the first instance regarding Mr. Miranda-Godoy’s release. Instead, Judge Larson

simply accepted Mr. Miranda-Godoy’s waiver without rendering any findings. Under these

circumstances, Mr. Hom informed undersigned defense counsel that it was appropriate to proceed

before the duty magistrate judge for continued detention proceedings.

IT IS SO STIPULATED.

DATED: 5/12/10 ________/S/___________________________

ELIZABETH M. FALK

Assistant Federal Public Defender

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STIP & ORDER SETTING BAIL HEARING

09-1112 MHP - 3 -

DATED: 5/12/10 _____/S/______________________________

KEVIN J. BARRY

Assistant United States Attorney

[PROPOSED] ORDER

Based upon the aforementioned representations of the parties, it is hereby ORDERED that a

bail hearing in this matter be set on May 13, 2010 at 9:30 a.m. and that a court appointed Spanish

interpreter be present for the proceedings.

DATED: ___________________________________________

THE HONORABLE JOSEPH C. SPERO

UNITED STATES MAGISTRATE COURT JUDGE

Case3:09-cr-01112-MHP Document21 Filed05/12/10 Page3 of 3

05/12/10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Joseph C. Spero

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