STIPULATION AND [PROPOSED] ORDER REVOKING ORDER OF RELEASE AND DETAINING DENDANT

KANDIS A. WESTMORE, Magistrate Judge.

The United States of America, through Andrew F. Dawson, Assistant United States Attorney, and the defendant, Raudel Barrios-Mercado, through his counsel, hereby stipulate that, for the reasons explained below, the defendant's Order of Release should be revoked, and the defendant should be ordered detained pending trial.

On April 24, 2018, a grand jury indicted Defendant Barrios for charges related to methamphetamine trafficking. See Docket No. 7. Under the Bail Reform Act, the charges carry a presumption that the defendant should be detained prior to trial. See 18 U.S.C. § 3142(e)(3)(A). On April 30, 2018, this Court held a detention hearing. At the hearing, the parties agreed that the defendant's release from pretrial detention was appropriate in light of a bond in the amount of $250,000, secured by the defendant's home.

When Defendant Barrios was subsequently released from pretrial detention, he was taken into custody by the Department of Homeland Security for a pending immigration matter. The government is informed that Defendant Barrios initially sought release from immigration custody, but he ultimately waived all forms of relief and requested an order of removal rather than seek release. The government is further informed that defense counsel, which was representing Defendant Barrios in the immigration proceedings as well, anticipated that Defendant Barrios would be transferred back to Marshal custody prior to execution of any deportation order.

The parties have been informed that, in order for Defendant Barrios to be transferred back to Marshal custody and not be deported at this time, the Department of Homeland Security requires a Court order reflecting that Defendant Barrios will be detained prior to trial. The parties hereby stipulate and agree that, in light of potential deportation and the presumption of detention applicable to Defendant Barrios's case, this Court should revoke its release order and order that the defendant be detained prior to trial.

[PROPOSED] ORDER

Based upon the representation of counsel and for good cause shown, the Court finds that good cause exists to revoke its previous order of release as to Defendant Barrios. Pursuant to the Bail Reform Act, and in light of the presumption of detention under 18 U.S.C. § 3142(e)(3)(A) and the agreement of the parties that pretrial detention is appropriate in the circumstances, it is hereby ORDERED that the defendant be returned to the custody of the United States Marshals. The previously entered bond is hereby exonerated.