both the magistrate judge and Judge Marsh found that Mr. Castro-Inzunza doesnot pose a danger or a serious risk of flight, the Bail Reform Act does not permit pretrial detention. The risk of nonappearance created by the chance that thegovernment may decline to use its discretion to postpone Mr. Castro-Inzunza’sremoval proceedings is a matter wholly within the government’s control and not astatutorily authorized reason for detention.
STATEMENT OF FACTS
Mr. Castro-Inzunza is a 44-year-old Mexican national. He has been marriedfor twenty years and is the father of three children. His wife, mother, sisters, andchildren are all citizens of the United States. Their home is Las Vegas, Nevada,where his wife has run a hair salon for approximately ten years. Mr. Castro-Inzunza has worked in the autobody business and as a minister in the Las Vegasarea. The Pretrial Services Office and the district court received and reviewed alarge number of letters supporting Mr. Castro-Inzunza in connection with hisrelease hearings. Mr. Castro-Inzunza has a single criminal conviction, possessionwith intent to sell heroin, resulting from an arrest in 1989.
The facts concerning Mr. Castro-Inzunza’s characteristics and historyare not in dispute.
Govt Motion to Revoke, CR 28, p. 1. All assertionsoffered in this Memorandum were established in the district court, by means of thereport by the Pretrial Services Office and material submitted by both parties insupport of pleadings.2