Académique Documents
Professionnel Documents
Culture Documents
No. 15-6003
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:14-hc-02159-BR)
Argued:
December 9, 2015
Decided:
wrote
the
district
court
committed
Pablo
Ramirez-Alaniz,
The court
health
evaluation
following
his
illegal
reentry,
was
property
would
apply
to
persons
and
property
in
Mexico,
He notes
clearly
application.
indicate
that
Congress
intended
extraterritorial
(Emphasis added).
whether
4246
applies
extraterritorially.
Accordingly,
we
I
In
Oregon
January
to
charges
apartment,
resisting
2011,
the
an
for
to
pleaded
discharging
firearm
Oregon
months imprisonment.
medication
Ramirez-Alaniz
relating
pointing
arrest,
after
at
state
another
court
guilty
firearm
in
in
his
individual,
and
sentenced
him
to
30
mental
health
issues.
Thereafter,
he
was
two
weeks
later,
however,
on
December
6,
2012,
charged
with
illegal
reentry
following
exhibited
inappropriate
poor
and
administration of medication.
staff
psychiatrist
adjustment,
noncompliance
sexually
with
the
recommended
psychiatric hospital.
in
institutional
behavior,
deportation,
his
transfer
to
an
inpatient
under
18
U.S.C.
4241
and,
if
he
could
not
be
panel
of
mental
health
evaluators
at
FMC
Butner
In a subsequent forensic
that
Ramirez-Alaniz
was
suffering
from
mental
receipt
initiated
Mental
the
of
4246(a),
this
present
Disease
District
of
or
North
and
forensic
proceeding
Defect
and
Carolina
on
the
commitment hearing.
evaluation,
by
filing
Dangerousness
July
district
court
22,
the
government
Certificate
in
2014,
the
see
thereafter
18
of
Eastern
U.S.C.
conducted
at
FMC
Butner,
and
Dr.
Katayoun
Tabrizi,
Dr.
Pyant
diagnosed
Ramirez-Alaniz
as
suffering
from
alcohol
receiving
poor
use
disorder.
treatment
impulse
at
Dr.
FMC
control;
Pyant
Butner,
he
was
noted
that
prior
Ramirez-Alaniz
sexually
had
to
shown
provocative
and
he
substance
was
abuse;
himself.
been
hearing
and
voices;
he
was
he
engaged
essentially
in
significant
unable
to
control
compliant
with
the
administration
of
medication
in
the
For example,
the
rights
cooperative
opinion
of
with
that
others,
staff.
had
positive
Nonetheless,
Ramirez-Alaniz
would
attitude,
Dr.
not
Pyant
was
continue
and
was
of
the
with
his
States
to
ensure
medication
provide
necessary
compliance.
ongoing
Dr.
Pyant
supervision
also
noted
to
that
aftercare
resources.
6
Accordingly,
he
concluded
bodily
injury
to
other
persons
or
serious
damage
to
the
Dr.
an
She
Tabrizi
alcohol
also
diagnosed
use
made
intellectual disability.
Ramirez-Alaniz
disorder,
and
provisional
with
cocaine
diagnosis
use
of
an
arithmetic.
She
also
noted
several
factors
that
mental
health
illness;
history
of
firearm
had
only
one
episode
of
dangerous
with
medication,
Ramirez-Alaniz
was
She noted
respectful,
release
back
to
Arizona
for
deportation
would
not
create
on
her
assumption
that
Ramirez-Alaniz
would
be
to
discounted
this
the
United
States
risk
because
of
were
to
be
after
the
deportation,
uncertainty
she
about
the
into
community
in
the
United States on his own, a problem would exist with his being
able to access mental health treatment and get his medications.
Accordingly,
Alaniz
would
she
agreed
meet
that
the
in
criteria
that
circumstance,
Ramirez-
for
civil
commitment
under
Ramirez-Alaniz
also
testified.
He
4246.
At
the
hearing,
He
will
be
processed
for
deportation.
Consequently,
counsel
immediate
deportation
was
not
sure
thing,
as
no
substantial
regardless
of
risk
of
their
(Emphasis added).
bodily
injury
citizenship
or
to
another
geographic
person,
location.
risk
of
dangerousness
cognitive deficits.
given
his
(Emphasis added).
psychotic
disorder
and
court
the
in
district
Arizona
against
Ramirez-Alaniz.
order,
no
detainer,
courts
dismissed
Therefore,
criminal
commitment
the
criminal
following
proceeding,
the
or
order,
the
indictment
commitment
deportation
filed
this
appeal,
contending
that
4246
is
not
He argues
II
Section 4246 of Title 18 provides that when the director of
a hospital facility certifies that a person in the custody of
the Bureau of Prisons or the Attorney General suffer[s] from a
mental disease or defect that would pose a substantial risk
of bodily injury to persons or serious damage to property, he
must, in the absence of suitable arrangements for state custody,
file the certificate in the district court where the person is
in custody, thus commencing a civil commitment proceeding.
U.S.C. 4246(a).
18
Id.
10
this
case,
Ramirez-Alaniz
Id. 4246(d).
does
not
challenge
the
bodily
injury
to
anothers property.
another
person
or
serious
damage
to
Consequently,
finding
that
whether
he
is
he
reasons,
Ramirez-Alaniz
released
in
posed
the
the
a
district
risk
United
of
States
court,
in
dangerousness
or
his
native
absent
clear
congressional
expression
of
such
application.
The
promptly
government
deported,
argues
4246
that
even
provides
if
for
Ramirez-Alaniz
civil
is
commitment
location.
Finally, the
government
were
argues
that
even
if
Ramirez-Alaniz
to
be
would
be
deported
to
Mexico
immediately,
the
argument
is
no
proceeding
or
detainer
pending
against
Ramirez-
release
(Emphasis added).
would
pose
risk
danger
to
persons
or
4246
to
result
permit
and
these
would
life
raise
He argues that
sentences
serious
would
be
an
constitutional
questions.
We find this argument beset by speculation and hyperbole.
Section 4246 itself provides numerous avenues by which RamirezAlaniz
can
be
4246(d)(2),
released
(e),
(g).
after
commitment.
In
addition,
See
18
U.S.C.
Ramirez-Alaniz
has
nor
the
governments
statement
in
its
brief
that
the
district
courts
decision,
we
recognize
that
civil
that
hearing.
he
was
denied
due
Addington v.
process
through
the
commitment
district
courts
finding
of
risk
of
harm
in
the
United
14