Free Motion for Bond - District Court of Colorado - Colorado

Case 1:04-cr-00403-LTB

Document 605-2

Filed 03/03/2006

Page 1 of 2

SANDRA SALTRESE-MILLER & ASSOCIATES 1643 BOULDER ST, Suite # 101 Denver, CO 80211 PH(303) 442-8554 Fax (303) 455-0858 e-mail: [email protected]

February 8, 2006

Richard J. Banta, Attorney 1361 Elizabeth Street Denver, CO 80206 [email protected]

Re: Jose Alfredo Zapata's Detainer Dear Mr. Banta, At your request I conducted an investigation of the circumstances surrounding Mr. Zapata's Detainer. After many phone calls and a letter I finally communicated with a U.S. ICE (Immigrations and Customs Enforcement) Investigating Agent. On or about January 19th I had a lengthy telephone conference with this agent. After having reviewed Mr. Zapata's criminal and immigration history he told me the following: Mr. Zapata does have a detainer. The basis for the detainer is the pending drug charge(s). I queried him about this given the fact that pending charges -- according to Immigration law ­ should not normally be deemed a violation of the Immigration & Nationality Act, unless of course there is a breech of immigration bond. This however is not applicable to the instant case. The agent was also aware that Mr. Zapata is indeed a Lawful Permanent Resident (green card holder). He also informed me that as a matter of policy, with DEA cases like Mr. Zapata's, USICE often generate detainers. But he stated that if the Judge allowed Mr. Zapata to make bond in the criminal case and the detainer was to be executed ­ USICE would take custody of Mr. Zapata ­ he would be released immediately. This statement is a recollection of a conversation I had with an ICE agent. It is not a guarantee that Mr. Zapata will be released in the event that the Judge grants him bond. However it is my professional opinion ­ that given the facts of Mr. Zapata's criminal history, my communication with a reputable ICE agent, and his immigration status -- there is a strong likelihood that Mr. Zapata will be released as soon as he is taken into USICE custody.

Case 1:04-cr-00403-LTB

Document 605-2

Filed 03/03/2006

Page 2 of 2

If you have any further questions please do not hesitate to call me.

Yours truly,

Sandra Saltrese-Miller Attorney at Law

Attachment A