A Mexican citizen arrested earlier this year in Durango, initially on suspicion of attempted murder in a domestic violence case, has been detained by Immigration and Customs Enforcement and faces deportation.
David Miranda-Cabrera, 37, was arrested March 27 after Durango Police Department officers were called to his girlfriend’s apartment for a disturbance.
Police were told by the girlfriend, through an interview translated by the girlfriend’s 9-year-old daughter, that Miranda-Cabrera pushed her while she was sitting in a chair and that led to a fight that went into the kitchen, where Miranda-Cabrera grabbed a knife and attempted to stab her.
The girlfriend also told police Miranda-Cabrera took cellphones away from her and her daughter who were attempting to call police.
Miranda-Cabrera was initially arrested on suspicion of attempted murder, criminal attempt, obstruction of telephone and telegraph service, and domestic violence.
But in July, 6th Judicial District Attorney Christian Champagne, after reviewing the case, charged Miranda-Cabrera with only two misdemeanors, harassment and criminal mischief.
Despite the reduction in charges, ICE issued a news release this week listing Miranda-Cabrera among 63 people detained earlier this month by the agency, most with criminal charges, listing his arrest charges as attempted murder and obstructing telephone service.
Alethea Smock, a spokeswoman with U.S. Immigration and Customs Enforcement, said Miranda-Cabrera was one of 63 people detained by the agency in an enforcement action targeting people living in the country illegally, some of whom faced pending charges for crimes.
According to the news release, about 85% of those arrested in the operation had criminal convictions or pending criminal charges.
John Fabbricatore, ICE field office director in Denver, said in a news release, “We specifically targeted our enforcement actions at abusers and helped victims by eliminating the threat posed by their perpetrators, and in some cases, preventing future victimization by recidivist offenders.”
Smock said ICE does not release details about field operations to apprehend, arrest and detain people in the country illegally. She did say, “He was in Durango when he was arrested on (Aug. 11), and it occurred without incident.”
ICE had issued a detainer for Miranda-Cabrera on March 30, but the detainer was not honored, based on a state law that bars local law enforcement from assisting ICE in immigration cases, and he was released from local custody, Smock said.
“The state passed a law last year that effectively shuts down cooperation between ICE and local law enforcement agencies, meaning local LEAs (law enforcement agents) are not allowed to honor our detainers. We file them anyway,” Smock said.
On July 21, Miranda-Cabrera pleaded guilty to charges of criminal mischief and is awaiting sentencing. He will remain in ICE custody pending removal proceedings, she said.
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