Daniel Zavala v. Richard Ives

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

OPINION

REINHARDT, Circuit Judge:

Daniel Zavala seeks credit toward his criminal sentence under 18 U.S.C. § 3585(b), the sentencing credit statute, for two periods of time during which he *369was detained by the U.S. Immigration and Customs Enforcement Service (ICE) prior to the commencement of his criminal sentence for illegal reentry under 8 U.S.C. § 1326. We hold that where ICE. detains an alien pending potential criminal prosecution, that detention constitutes “official detention” within the meaning of §…