Orange County Sheriff responds to ICE news release HILLSBOROUGH, NC (July 25, 2018): As required by the constitutions of the United States and North Carolina and in accordance with current case law, the Orange County Detention Center (OCDC) released Uriel Aguilar Castellanos from custody on June 27, 2018 after a Superior Court judge sentenced him to time served. Pursuant to a plea negotiated with the Orange County District Attorney’s Office, Aguilar’s felony charges of second-degree kidnap and indecent liberties were reduced to sexual battery. Aguilar was convicted of two counts of sexual battery and received a sentence of 150 days active time. On September 8, 2017, the Carrboro Police Department brought Aguilar to the OCDC. The same day, an immigration detainer and a warrant of removal/deportation were filed and served on Mr. Aguilar. The detainer requests the Department of Homeland Security be contacted before the inmate was released and that Mr. Aguilar be held for a period not to exceed 48 hours beyond the time he would otherwise be released to allow DHS to assume custody. Aguilar spent close to 300 days in custody awaiting resolution of his charges. At any point during that time, Immigration and Customs Enforcement was able to assume custody of Mr. Aguilar; however, that option was not exercised. Prior to Aguilar’s release, Major Randy Hawkins of the OCDC contacted DHS by telephone at the phone number provided in the detainer with no response. Neither an immigration detainer nor an administrative warrant is issued by a judge or judicial officer, and subsequently lack the probable cause necessary to hold someone in custody. Doing otherwise is unconstitutional and in violation of an individual’s Fourth Amendment rights, which would subject the Sheriff and the County to civil liability. Timeline  June 16, 2014- Uriel Aguilar Castellanos arrested by Durham Police Department for DWI and No Operator’s License (14 CR 055745); placed in Durham Detention Facility.  June 25, 2014- ICE picks up Aguilar from Durham County Detention Facility.  November 6, 2014- Aguilar pleads guilty in Durham County District Court to DWI. o Aguilar receives sentence of 10 days active, credit for 10 days in custody pre-trial, sentenced to time served. o Aguilar is required to have a substance abuse assessment and return to court on December 18, 2014 to show proof of completion of classes.  December 18, 2014- Court date changed to December 22, 2014  December 22, 2014- Case continued by Judge  January 8, 2015- Aguilar complied in full with special conditions of sentence.  January 29, 2015- Final Order of Removal obtained against Uriel Aguilar Castellanos issued by the Immigration Court in Charlotte, NC o Final Order of Removal not effectuated by US Department of Homeland Security. o Result- Aguilar remains in the United States  June 8, 2017- Aguilar allegedly commits offenses of second degree kidnapping and indecent liberties in Carrboro, NC.  September 8, 2017- Carrboro Police Department arrests Aguilar and brings him to the Orange County Detention Center.  June 27, 2018- Pursuant to a plea negotiated with the Orange County District Attorney’s Office, Aguilar’s felony charges of second-degree kidnap and indecent liberties were reduced to sexual battery. o Aguilar received a sentence of time served, having spent close to 300 days in custody pre-trial, well in excess of the 150 days active time agreed to in the plea and was released.  July 23, 2018- ICE arrested Aguilar and placed him in an immigration detention facility.