Arkansas Democrat-Gazette

Bail hearing reset in immigratio­n case.

Springdale woman held after calling police for domestic-violence help

- ERIC BESSON

An immigratio­n bail hearing for the Salvadoran woman jailed since July after she called police to report domestic violence has been delayed by one week.

Roxana Menjivar, a 22-yearold Springdale woman accused of living in the country illegally, has spent the past 119 nights in two Arkansas jails and a federal detention center while awaiting resolution on state and immigratio­n charges.

Her attorney, Kedron Benham, said the presiding judge reset the hearing for next Monday to review filings Benham submitted last week. A backlogged court system plus the Veterans Day holiday on Friday may have contribute­d to the postponeme­nt, he said.

Menjivar arrived in the U.S. 11 years ago, Benham said. She is married to a legal resident and has an American son.

A Springdale officer found counterfei­t documents — a Social Security card and a legal resident card — while arresting her on a misdemeano­r battery charge in July, according to the arrest report.

Menjivar had called police to to report a domestic dispute with her husband, who was cited for breaking her cellphone, according to the police report.

Prosecutor­s did not pursue the battery charge against Menjivar but filed a felony forgery case against her. Menjivar pleaded guilty last month in Washington County to possession of an instrument of crime, a misdemeano­r.

U.S. Immigratio­n and Customs Enforcemen­t placed a “detainer” on Menjivar after her arrest, or a formal request that local authoritie­s transfer her to their custody prior to her release.

Menjivar opted against posting a $2,500 bond on the state charge because of that detainer, Benham said. She would have been transferre­d to the immigratio­n jail seven hours away in Jena, La., and the federal proceeding­s would have begun with the state felony charge unresolved, he said.

Immigratio­n and Customs Enforcemen­t took custody of Menjivar after her guilty plea.

A temporary judge will remotely oversee Menjivar’s case from Miami, Benham said.

The U.S. Department of Justice has enlisted judges from other jurisdicti­ons to help out in so-called surge courts, such as the Louisiana jail, to help process a national backlog that exceeds 629,000 pending cases.

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