Osmani Garces-Ortiz emigrated from Cuba Case Study Wiki
The case involves Osmani Garces-Ortiz — 37, who emigrated from Cuba. Garces-Ortiz was in custody in late October at the Arapahoe County Jail, located about 15 miles southeast of Denver on several charges including drug possession and criminal trespassing, according to a release from ICE.
Osmani Garces-Ortiz Bond
Garces-Ortiz was freed on bond four days after ICE placed a detainer on him, ICE says.
Vince Line, bureau chief of detention administration for the Arapahoe County Sheriff’s Office,
said immigration officials had time to pick up the inmate before he was released. An ICE facility is located nearby the jail, Line told USA TODAY on Wednesday.
ICE acusa al Sheriff del Condado de Arapahoe, Colorado, por dejar libre a un cubano acusado de intento de asesinato. Él es Osmani Garcés Ortiz, de 37 años, con antecedentes penales por allanamiento y drogas. https://t.co/MMvvlvpgBT
— Arevalo & Meyers (@MexUSAInmigrant) November 29, 2019
A statement from ICE spokeswoman Alethea Smock says a “notification that an alien is about to be released to the lobby is not a functional way to ensure transfer of custody.”
A statement from ICE says Arapahoe County followed state law in its handling of the case.
Osmani Garces-Ortiz Arrest & Charged
Weeks after his release, Garces-Ortiz was arrested by the Aurora Police Department for offenses that occurred Nov. 17, according to documents provided by police. Those alleged offenses included attempted murder, assault and violation of a bail bond.
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Garces-Ortiz is listed as an inmate in Arapahoe County records with a bond of $202,000. Online records do not list an attorney for him.
An affidavit provided to USA TODAY by the 18th Judicial District details an alleged assault involving two suspects, including Garces-Ortiz. Police say a victim was stabbed in an assault that also involved a gun; the victim was stabbed by the other suspect, police allege.
The affidavit says at one point during the alleged assault Garces-Ortiz took a gun away from the other suspect, who was pointing it at the victim’s head. Garces-Ortiz then fired the gun near the victim’s feet before both suspects left, police say.
How Osmani Garces-Ortiz entered the U.S.
ICE says Garces-Ortiz illegally entered the U.S. in 2008 via boat near Key West, Florida. He had previous encounters with immigration officials and in 2015 he was denied permanent residency in the U.S. due to criminal history.
Colorado’s law prohibiting law enforcement from holding individuals based only on requests from ICE has been lauded by immigration rights advocates and condemned in an August release from ICE, which described the legislation as a “sanctuary law.”
Osmani Garces-Ortiz Released from Jail ICE
In a release on the Garces-Ortiz case, John Fabbricatore, deputy field office director for ICE Enforcement and Removal Operations in Denver, said such cases were “absolutely predictable” given Colorado’s law, which puts “political agendas before public safety.”
Update from ICE this morning. The agency now acknowledges @ArapahoeSO told ICE officials Garces-Ortiz was imminently going to be released, but says deputies didn’t do enough (aka didn’t honor their administrative detainer request). pic.twitter.com/QyVR66voY3
— Quincy Snowdon (@QuincySnowdon) November 29, 2019
ICE detainer requests have a long history of controversy and legal challenges.
Critics say the practice of holding individuals based on detainer requests is unconstitutional. They often point to the Fourth Amendment of the U.S. Constitution, which bars against unreasonable searches and seizures of individuals without a warrant based on probable cause.