NJ high court orders stay in immigration bail case
February 11, 2009




TRENTON — The New Jersey Supreme Court has granted a delay of an appellate court decision that the Morris County prosecutor hopes will change the way bail is set for illegal immigrants facing criminal charges in New Jersey.

The decision gives Morris County Prosecutor Robert Bianchi more time to petition the high court to rule on whether bail can be significantly increased for illegal immigrants in local custody who also have federal immigration detainers placed on them.

Bianchi has said the move is necessary to keep them from being deported before they face local criminal charges.

The case centers around Manuel Fajardo-Santos, who was charged with sexually assaulting a 9-year-old girl in Wharton in August. Bianchi got his bail raised to $300,000, saying he feared Fajardo-Santos would be deported before standing trial in New Jersey. The higher bail was later reversed by an appeals court.

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