Filed: Apr. 25, 2019
Latest Update: Apr. 25, 2019
Summary: THE GOVERNMENT'S EMERGENCY MOTION FOR STAY OF RELEASE ORDERS PENDING DISTRICT COURT REVIEW GLORIA M. NAVARRO , District Judge . CERTIFICATION: The undersigned certify that this pleading is timely filed. The United States of America, through Robert Zink, Acting Chief of the Criminal Division's Fraud Section, William E. Johnston and Danny Nguyen, Trial Attorneys, Nicholas A. Trutanich, United States Attorney, and Richard Anthony Lopez, Assistant United States Attorney, counsel for the Unite
Summary: THE GOVERNMENT'S EMERGENCY MOTION FOR STAY OF RELEASE ORDERS PENDING DISTRICT COURT REVIEW GLORIA M. NAVARRO , District Judge . CERTIFICATION: The undersigned certify that this pleading is timely filed. The United States of America, through Robert Zink, Acting Chief of the Criminal Division's Fraud Section, William E. Johnston and Danny Nguyen, Trial Attorneys, Nicholas A. Trutanich, United States Attorney, and Richard Anthony Lopez, Assistant United States Attorney, counsel for the United..
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THE GOVERNMENT'S EMERGENCY MOTION FOR STAY OF RELEASE ORDERS PENDING DISTRICT COURT REVIEW
GLORIA M. NAVARRO, District Judge.
CERTIFICATION: The undersigned certify that this pleading is timely filed.
The United States of America, through Robert Zink, Acting Chief of the Criminal Division's Fraud Section, William E. Johnston and Danny Nguyen, Trial Attorneys, Nicholas A. Trutanich, United States Attorney, and Richard Anthony Lopez, Assistant United States Attorney, counsel for the United States, respectfully moves the Court for a stay of the Magistrate Judge's orders of release for Defendants Junzo Suzuki and Paul Suzuki orally issued at the Suzukis' detention hearings on April 24, 2019. Because United States Immigration and Customs Enforcement (ICE) has lodged detainers on both of the Suzukis,1 the Magistrate Judge temporarily stayed its orders from taking effect until noon on April 26, 2019. The Government has filed a timely motion for district court review of those release orders (at ECF 297) and hereby requests that the Court extend that stay until the district court decides the Government's motion for review. Good cause for a stay exists because of the risk of flight posed by the Suzukis if they are released to the public and because of the possibility of their removal from the country if they are released to ICE.
Dated: April 25, 2019 Respectfully submitted,
ROBERT ZINK
Acting Chief
Criminal Division, Fraud Section
United States Department of Justice
DANNY NGUYEN
WILLIAM E. JOHNSTON
Trial Attorneys
Criminal Division, Fraud Section
NICHOLAS TRUTANICH
United States Attorney
District of Nevada
RICHARD ANTHONY LOPEZ
Assistant United States Attorney
ORDER GRANTING THE GOVERNMENT'S EMERGENCY MOTION FOR STAY OF RELEASE ORDERS PENDING DISTRICT COURT REVIEW
Based on the Government's pending Emergency Motion for Stay of Release Orders Pending District Court Review, and good cause appearing,
IT IS HEREBY ORDERED that the Government's motion is GRANTED and that the release orders issued by the Magistrate Judge as to Junzo Suzuki and Paul Suzuki on April 24, 2019, are hereby stayed pending the outcome of the Government's motion for review of those release orders at ECF 297.
FootNotes
1. The Government is investigating the basis for these ICE detainers. For example, Paul Suzuki is a dual citizen of both the United States and Japan and there appears no reason why he would be removable from the country.