United States v. Luis Posada Carriles
Case No. EP-07-CR-87-KC
Luis Posada Carriles entered the United States seeking asylum in March of 2005. The INS took him into custody on May 17, 2005. Thereafter, on April 6, 2006, Posada Carriles filed a petition for writ of habeas corpus, case no. EP-06-CV-130-PRM, seeking release from INS detention on the basis that his continued detention violated the principles set forth in the United States Supreme Court's decision of Zadvydas v. Davis, 533 U.S. 678 (2001). While his petition for habeas relief was pending, on January 11, 2007, a federal grand jury indicted Posada Carriles with one count of making false statements in the course of his application for United States citizenship and six counts of making various false statements in connection with his attempted naturalization, case no. EP-07-CR-87-KC. Trial was set for May 14, 2007. Posada Carriles filed a motion to remain on bond pending trial, which this Court granted on April 6, 2007. Though the Government sought an emergency stay of Posada Carriles' release on bond, the Fifth Circuit denied the Government's request on April 17, 2007. On May 8, 2007, this Court dismissed the indictment.
On September 9, 2008, the United States Court of Appeals for the Fifth Circuit reversed the District Court's Order dismissing the Indictment and remanded the case to the District Court. On March 23, 2009, the United States Supreme Court denied Posada Carriles' petition for writ of certiorari. On April 8, 2009, the United States Attorney filed a superseding Indictment in the case. Mr. Posada-Carriles' jury trial has been set for February 26, 2010.
General Court Information
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|Case No.||Document No.||Title of Document|
|Documents in this case will be listed for a limited time only.|
|Noteworthy documents related to the habeas petition:|
|EP-06-CV-130-PRM||Doc. No. 26||Report and Recommendation of the Magistrate Judge|
|EP-06-CV-130-PRM||Doc. No. 42||Show Cause Order|
|EP-06-CV-130-PRM||Doc. No. 47||Order of Dismissal|
|Noteworthy documents related to the criminal case:|
|EP-07-CR-87-KC||Doc. No. 44||Order re Release on Bond|
|Case no. 07-50456||unnumbered||Fifth Circuit Order Denying Emergency Stay of District Court's Order|
|EP-07-CR-87-KC||Doc. No. 107||Order Dismissing Indictment|
|Case No. 07-50456||unnumbered||Fifth Circuit Order Reversing District Court's Dismissal of the Indictment|
|EP-07-CR-87-KC||Doc. No. 135||Superseding Indictment|
|EP-07-CR-87-KC||Doc. No. 138||Scheduling Order|
|EP-07-CR-87-KC||Doc. No. 172||Order on Protective Order|
|EP-07-CR-87-KC||Doc. No. 173||Protective Order|