1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

WO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Francisco Cruz-Rojas, 

Defendant. 

NO. CR-15-01381-001-PHX-GMS

ORDER OF DETENTION PENDING 

DISPOSITION (PURSUANT TO 

18 U.S.C. § 3143) 

In accordance with the Bail Reform Act, 18 U.S.C. § 3143, a detention hearing was 

submitted on 9/2/2016. Defendant was present and was represented by counsel. The 

defendant has not rebutted by clear and convincing evidence that he is not likely to flee if 

released. 

FINDINGS OF FACT 

I find by a preponderance of the evidence that: 

☒ The defendant is not a citizen of the United States or lawfully admitted for 

permanent residence. 

☒ The defendant, at the time of the charged offense, was in the United States 

illegally. 

☐ If released herein, the defendant faces removal proceedings by the Bureau of 

Immigration and Customs Enforcement, placing him/her beyond the jurisdiction of this 

Court and the defendant has previously been deported or otherwise removed. 

☐ The defendant has no significant contacts in the United States or in the District of 

Arizona. 

☐ The defendant has no resources in the United States from which he/she might 

make a bond reasonably calculated to assure his/her future appearance. 

☒ The defendant has a prior criminal history. 

☐ The defendant lives/works in Mexico. 

☐ The defendant is an amnesty applicant but has no substantial ties in Arizona or in 

the United States and has substantial family ties to Mexico. 

☐ There is a record of prior failure to appear in court as ordered. 

☐ The defendant attempted to evade law enforcement contact by fleeing from law 

enforcement. 

Case 2:15-cr-01381-SMM Document 32 Filed 09/02/16 Page 1 of 2
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

☐ The defendant is facing a maximum of years imprisonment. 

☒ The defendant has been ordered detained on the underlying 8 USC 1326(a)&(b)(1) 

charged in Case No: 16-1643MJ. 

The Court incorporates by reference the material findings of the Pretrial Services Agency 

which were reviewed by the Court at the time of the hearing in this matter, except as 

noted in the record. 

CONCLUSIONS OF LAW 

1. There is a serious risk that the defendant will flee. 

2. No condition or combination of conditions will reasonably assure the appearance 

of the defendant as required. 

DIRECTIONS REGARDING DETENTION 

The defendant is committed to the custody of the Attorney General or his/her designated 

representative for confinement in a corrections facility separate, to the extent practicable, 

from persons awaiting or serving sentences or being held in custody pending appeal. The 

defendant shall be afforded a reasonable opportunity for private consultation with defense 

counsel. On order of a court of the United States or on request of an attorney for the 

Government, the person in charge of the corrections facility shall deliver the defendant to 

the United States Marshal for the purpose of an appearance in connection with a court 

proceeding. 

APPEALS AND THIRD PARTY RELEASE 

 IT IS ORDERED that should an appeal of this detention order be filed with the 

District Court, it is counsel's responsibility to deliver a copy of the motion for 

review/reconsideration to Pretrial Services at least one day prior to the hearing set before 

the District Court. 

 IT IS FURTHER ORDERED that if a release to a third party is to be considered, it 

is counsel's responsibility to notify Pretrial Services sufficiently in advance of the hearing 

before the District Court to allow Pretrial Services an opportunity to interview and 

investigate the potential third party custodian. 

DATE: 9/2/2016 

Honorable James F. Metcalf

United States Magistrate Judge

Case 2:15-cr-01381-SMM Document 32 Filed 09/02/16 Page 2 of 2