Alleged SF killer had been released from jail despite request for immigration hold

[alp227]

Source: San Francisco Chronicle

One of three men accused of using a gun stolen from a San Francisco police officer to kill a man in the Mission District last month had been released from County Jail earlier in the year despite a request from federal immigration agents that he be held and turned over for potential deportation, officials said Friday.

U.S. Immigration and Customs Enforcement officials lodged what is known as a detainer request for Jesus Perez-Araujo, 24, after he was arrested three months before the Aug. 15 street killing of 23-year-old Abel Enrique Esquivel Jr., said ICE spokesman James Schwab. The agency asked the city to hold him for up to 48 hours after his release.

But San Francisco, and every other county in the Bay Area, does not honor detainer requests because of concerns that they violate inmates’ constitutional rights. And San Francisco, where leaders have rallied behind sanctuary policies that limit local cooperation in deportation efforts, notifies ICE in advance of an inmate’s release only under strict circumstances.

Perez-Araujo was arrested in May on suspicion of possessing marijuana for sale, was charged in court with a single misdemeanor count of possession of brass knuckles and released shortly thereafter, officials said. The charge does not fit the criteria under which the San Francisco jail would notify ICE.

Read more: http://www.sfchronicle.com/news/article/Alleged-SF-killer-had-been-released-from-jail-12201838.php

[MadDAsHell]

1. Ugh...this won't end well. nt

[Midnight Writer]

2. Cops in SF must be careless with their guns.

[Cryptoad]

3. If we were to ,,,,,

lock everybody up : End Crime!

[christx30]

11. How about people that are arrested with drugs

and illegal weapons?
I'm sure Esquivel's family wish Jesus had been turned over to ICE and was sitting in a detainment facility. Then their loved one would still be alive.

This is the kind of person that should be deported. He's a criminal, and is NOT an asset to the country. Oh well. Now he'll spend the next 20 years or so in prison.

[Sunlei]

4. locals arrested on 'suspicion of marijuana for sale' spend months IN JAIL, is the story here.

and not ever charged with marijuana, just on misdemeanor over a pocket weapon.

[JonLP24]

5. I think that is the issue

Giving you a +1.

[Sunlei]

6. noticed many local jails are packed with people who cant afford bail & some spend years

waiting for jury trial. I read about 97% accept plea deals (even if innocent) just to get out of jail.

Some "arrested' pipeline protesters still are in their local jails.

[sarisataka]

7. If you read carefully,

You would see that is not the case.

Perez-Araujo was arrested in May on suspicion of possessing marijuana for sale, was charged in court with a single misdemeanor count of possession of brass knuckles and released shortly thereafter, officials said.

[sinkingfeeling]

8. DonnieJohn will be using this as an example of why we must build a wall.

Because we all know crime in this country is only committed by immigrants.

[sarisataka]

9. It is interesting that SF released the accused

because ICE did not present a warrant of arrest, per the SF sheriff department.

Yet according to ICE Policy 10074.2, implemented a month prior to the arrest of Perez-Araujo, a detainer should be accompanied with either an arrest warrant or a signed deportation order. It seems ICE is not following their own policy...

[Igel]

10. The article dodges this entirely.

“If ICE had presented us with a criminal warrant, we would have honored it,” sheriff’s spokeswoman Eileen Hirst said Friday.

So there was no criminal warrant. There are other kinds of warrants and the article's agnostic as to whether any of those were presented. I suspect that whoever gave Hirst her script (or Hirst herself) put contrastive accent on the word criminal, however slight it may have been. The thing is, contrastive and focal stresses are often similar and if you don't know there's a contrast and aren't hypersensitive to the difference then all stress defaults to focal. It may be that the reporter/editor is unaware of any alternative types of warrants. It may be that either or both are but blurred the distinction by omitting the word "criminal" in the first mention of any warrant--letting the reader infer that a generic "warrant" must = "criminal warrant."

The ICE policy doesn't require a criminal warrant. The reader is semantically garden pathed.

5.2 Issuing an immigration detainer and administrative warrant. All immigration detainers (Form I-247A Immigration Detainer -- Notice of Action) must be accompanied by either Form I-200 (Warrant for Arrest of Alien) or Form I-205 (Warrant of Removal/Deportation).

It requires probable cause as ICE defines it. The warrants required by the policy are completely administrative.

That said, I have no idea if ICE actually followed their policy.

[sarisataka]

12. This is a critical point

as one could assume SF will only hold a person if it is a criminal warrant ignoring other, which may or may not be the case.

On the other side, the ICE document footnotes that it is their opinion that such warrants are not necessary for detainers. That can indicate ICE will turn a blind eye to agents who do not follow the policy and send a detainer without a warrant. And as you point out, such warrants are simply administrative...