Free Motion to Transport Defendant - District Court of Arizona - Arizona

DANA CARPENTER Attorney at Law 2 3106 N. 16th Street Phoenix, AZ 85016 3 (602)266-5770 [email protected] 4 State Bar No. 007320
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Attorney for Defendant IN THE UNITED STATES DISTRICT COURT IN AND FOR DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Dragan Ubiparipovic, Defendant. No. CR04-1142-PHX-DGC DEFENDANT'S MOTION FOR TRANSFER TO BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT CUSTODY (RE: DHS Parole Request)

Defendant, Dragan Ubiparipovic, by and through undersigned counsel, hereby moves the court to enter an order transferring the defendant from the custody of the United States Marshall's Office (CCA/Florence) to the custody of the Bureau of Immigration and Customs Enforcement holding facility in Florence, Arizona for the reasons set forth below. The defendant was originally released on his own recognizance by United States Magistrate Judge David K. Duncan and then transferred to the custody of the Bureau of Immigration and Customs Enforcement (ICE) for a bond hearing due to his immigration status. The bond hearing was held in abeyance and the defendant was going to be held indefinitely by ICE. Because the defendant was not receiving federal credit for his time in the custody of ICE, defendant moved his return to federal custody so he could receive credit for time served. On January 3, 2005 this Court granted the defendant's motion and ordered the defendant's return to the custody of the United States Marshall's Office. The defendant is presently in pre-trial custody at CCA/Florence.

Case 2:04-cr-01142-DGC

Document 63

Filed 12/06/2005

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In order for the defendant's immigration attorney to now litigate an entirely new parole request, defendant requests the court transfer him back to the custody of ICE. Immigration attorney Chris Brelje, representing defendant Dragan Ubiparipovic before the immigration service, has received the consent of the defendant to be returned to the custody of Bureau of Immigration and Customs Enforcement. Defense counsel has advised the Assistant United States Attorney Andrew Pacheco of the contents of this motion and he does not object. Wherefore, defendant requests the Court enter an order directing the United States Marshall's Office to return the defendant to the custody of the ICE holding facility. RESPECTFULLY SUBMITTED this 6th day of December, 2005. s/Dana Carpenter DANA CARPENTER Attorney for Defendant

I hereby certify that on December 6th, 2005, 22 I caused the attached document to be electronically transmitted to the Clerk's 23 Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing 24 to the following CM/ECF registrants:
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Andrew Pacheco Assistant U.S. Attorney Chris Brelje Immigration Attorney
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Case 2:04-cr-01142-DGC

Document 63

Filed 12/06/2005

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Copy th the foregoing *mailed of this 6 day of 2 December, 2005, to: 3 *Honorable David G. Campbell U.S. Courthouse and Federal Building 4 401 W. Washington Street Phoenix, Az 85003
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By

s/Enereida Carranza