Daniel Zavala v. Richard Ives

At issue is how much of the time that an alien spends in the custody of the U.S. Immigration and Customs Enforcement Agency (ICE) prior to the commencement of a criminal sentence must be credited against that alien’s sentence for illegal reentry. I agree with the majority that, under 18 U.S.C. § 3585(b), an alien is eligible for credit for all time spent in ICE custody from the day he or she is indicted or criminally charged. On that day, the alien becomes subject to the U.S. Attorney General’s control and thus is in “official detention” within the meaning of § 3585(b) as the Supreme Court…