The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.

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