UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 

Case No. 22-mj-03651-TORRES

UNITED STATES OF AMERICA,

Plaintiff,

vs.

SIMON CRUZ ANGELES

a/k/a Rosdylan Cruz Angeles,

Defendant.

__________________________________/

DETENTION ORDER

THIS CAUSE came before the Court for a pretrial detention hearing on October 5, 

2022, pursuant to the Bail Reform Act, 18 U.S.C. § 3142(f), to determine whether Defendant, 

Simon Cruz Angeles (“Defendant”), should be detained pending trial. The United States has

requested that Defendant be detained based upon risk of flight.

THE COURT has considered the factors enumerated in 18 U.S.C. § 3142(g), heard 

from the parties, their counsel, and witness(es) at the October 5, 2022, hearing, and is 

otherwise fully advised in the premises. For the reasons that follow, this Court finds that no 

condition or combination of conditions will reasonably assure Defendant’s appearance at 

trial, and, therefore, Defendant shall be detained prior to trial and until the conclusion thereof.

In accordance with the provisions of 18 U.S.C. § 3142(i), the Court hereby makes the 

following findings of fact and statement of reasons for the detention:

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I. FINDINGS OF FACT

A. Nature and Circumstances of the Offense

The Criminal Complaint charges Defendant with possession of documents prescribed 

by statute and regulation for entry into and as evidence of authorized stay and employment 

in the United States, that is, form I-551 (United States Permanent Legal Resident Card), 

which he knew to be forged, counterfeited, altered, and falsely made, in violation of Title 18, 

United States Code, Section 1546(a). If convicted, he faces a maximum of ten (10) years’ 

imprisonment. Id.

B. Weight of the Evidence

The weight of the evidence against Defendant is substantial. Through its proffer at the 

detention hearing, the Criminal Complaint, and cross-examination of Department of 

Veteran’s Affairs Criminal Inspector Marilyn Rios, the United States established probable 

cause to find Defendant committed the charged offense.

The evidence shows that on the morning of September 27, 2022, Defendant and codefendant Carlos Vizcaya Enrique Zambrano (Zambrano) arrived at a Veteran’s Affairs 

(“VA”) facility in Miami, Florida to perform contracting work. VA policy required Defendant 

to produce proof of legal residency in the United States to obtain credentials to access the 

facility. Defendant and Zambrano produced I-551 cards stating they have resided in the 

United States since 2016. VA police officers suspected that the cards produced by Defendant 

and Zambrano were counterfeit because their coloring was inconsistent with I-551 cards the 

officers had previously observed, and the cards appeared to be brand new. Defendant also 

possessed a Social Security card which appeared to be brand new.

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VA police officers detained Defendant and Zambrano and read them their Miranda 

rights in Spanish. Defendant waived his right to counsel and admitted he and Zambrano had 

purchased the I-551 and Social Security cards for $300 from an individual in downtown 

Miami the day before. He also stated that they had been told there was work available to them 

if they could provide documents indicating they were legal residents of the United States. The 

name on Defendant’s counterfeit documents, “Rosdylan Cruz Angeles,” was not correct.

The Court had the opportunity to observe and hear Inspector Rios’s testimony, which 

this Court found credible.

C. History and Characteristics of the Defendant

Defendant’s history and characteristics support detention based on risk of 

nonappearance.1 Defendant was born in Mexico in 1995. He has a Mexican passport at his 

residence. He previously immigrated to the United States in 2007 and lived in Ohio until he 

was deported in 2009. He returned to the United States in 2020 and moved to South Florida 

in August 2022. Defendant was unable to provide his address to the United States Pretrial 

Services Office, but indicated he resides with six co-workers and Zambrano. Although 

Zambrano provided Pretrial Services with an address for their shared residence, the address 

he provided does not appear to exist. 

Defendant told Pretrial Services that he works for “East Coast Florida.” He reports no 

mental or physical health issues. He claims to have family members in Alabama but was 

1 The Court takes judicial notice of the Pretrial Services Report, dated September 30, 2022.

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unable to provide their contact information. Defendant is unmarried but has two children 

from prior relationships living in Mexico.

II. REASONS FOR DETENTION

When the United States seeks to detain a criminal defendant pending trial based on 

his status as a flight risk, it must prove by a preponderance of the evidence that no condition 

or set of conditions will reasonably assure his presence at trial. United States v. Medina, 775 

F.2d 1398, 1402 (11th Cir. 1985).

In light of the weight of the evidence against Defendant, his immigration status, prior 

deportation from the country, lack of ties to the community and unknown address, the 

information contained in the Criminal Complaint, and the evidence presented at the October 

5, 2022 detention hearing, this Court finds that the United States has established by a 

preponderance of the evidence that no condition or combination of conditions will reasonably 

assure Defendant’s appearance as required. Accordingly, Defendant must be detained 

pending trial in this matter.

III. CONCLUSION

For the reasons stated above, it is hereby

ORDERED that Defendant, Simon Cruz Angeles, is committed to the custody of the 

Attorney General or a designated representative for confinement in a corrections facility 

separate, to the extent practicable, from persons awaiting or serving sentences or held in 

custody pending appeal. Defendant must be afforded a reasonable opportunity to consult 

privately with defense counsel. On order of a court of the United States or on request of an 

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attorney for the United States, the person in charge of the corrections facility must deliver 

Defendant to the United States Marshal for the purpose of court appearances.

Although this written order is executed on this 14

th day of October, the Court 

announced its decision regarding detention as to Defendant on the record at the detention 

hearing held October 5, 2022, and, thus, this Order is effective as of October 5, 2022.

DONE and ORDERED in Chambers at Miami, Florida, this 14

th day of October 

2022.

_________________________________________

MELISSA DAMIAN

UNITED STATES MAGISTRATE JUDGE

Copies furnished to: 

Counsel of Record

Pretrial Services (Miami)

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