Legal Opinion

United States v. Cibrian-Lopez

District Court, N.D. Iowa

Decided July 11, 2018No. CR 18-4002-MWBPublished

1Opinion of the Court

MARK W. BENNETT, U.S. DISTRICT COURT JUDGE

I. INTRODUCTION

This case is before me, first, on defendant Cibrian-Lopez's March 1, 2018, Motion For Order To Show Cause Why This Case Should Not Be Dismissed (Motion To Dismiss). In support of her Motion To Dismiss, Cibrian-Lopez argued that, because she had been granted bail pending trial, but then held in Immigration and Customs Enforcement (ICE) custody pending deportation proceedings, the executive branch was required to decide between deporting her in administrative proceedings or pursuing the criminal prosecution, but it could not pursue both…

2Cases cited8 opinions

  1. O'Shea v. LittletonSupreme Court of the United States · 1974
  2. Honig v. DoeSupreme Court of the United States · 1988
  3. Turner v. RogersSupreme Court of the United States · 2011
  4. United States v. Sanchez-GomezSupreme Court of the United States · 2018
  5. United States v. CovingtonSupreme Court of the United States · 1969

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