DISTRICT COURT OF THE VIRGIN ISLANDS 
 
 
 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
║ 
UNITED STATES OF AMERICA 
 
║ 
 
 
 
 
 
 
║ 
 
 
 
 
 
 
║ 
1:21-cr-00016-1-WAL-GWC 
 
v. 
 
 
 
 
║ 
 
 
 
 
 
 
║ 
KRISHNABEN NIKUNJKUMAR PATEL, 
║ 
 
 
 
 
 
 
║ 
 
 
 
Defendant.  
║ 
________________________________________________ ║ 
 
 
TO: 
Daniel H. Huston, Esq., AUSA 
 
Pamela L. Colon, Esq. 
 
 
ORDER GRANTING DEFENDANT’S EMERGENCY MOTION FOR THE REOPENING OF THE 
DETENTION HEARING AND FOR THE PRE-TRIAL RELEASE OF NIKUNJKUMAR 
RAMESHBHAI PATEL 
 
THIS MATTER is before the Court upon Defendant Nikunjkumar Rameshbhai Patel’s 
Emergency Motion for the Reopening of the Detention Hearing and for pretrial release (ECF 
No. 41).  A hearing was held on the matter on January 5, 2022. Daniel H. Huston, AUSA 
appeared on behalf of the United States. Pamela L. Colon, Esq. appeared on behalf of 
Defendant. Defendant attended via videoconference.  
Defendant presents the following change in circumstances. First, Defendant Patel’s 
uncle, Mr. Hirenkumar Patel, will act as her third-party custodian and is willing to post a 
cash bond as well as host Defendant Patel in his home in Flushing, New York. Mot. at 2. 
Second, Defendant states that the Juan F. Luis Hospital “cannot care for ANY complications 
that Ms. Patel may experience, pre-natal, during birth, or post-natal.” Id. at 3. At the hearing, 
the United States stated that it does not dispute the limitations of the hospital. Third, 
Defendant states that “[g]iven the explosion of COVID 19 on St. Croix that has occurred in 
Case: 1:21-cr-00016-WAL-GWC   Document #: 47   Filed: 01/06/22   Page 1 of 4
United States v. Patel et al 
1:21-cr-00016-1-WAL-GWC 
Order  
Page 2 
 
 
 
 
the past week, Ms. Patel is at even greater risk of becoming infected, which in turn, creates 
even greater risk factors for her pregnancy.” Id. 
At the hearing, the United States maintained its opposition to Defendant Patel’s 
pretrial release to the continental U.S. The United States does not oppose pretrial release to 
the U.S. Virgin Islands with a minimum $10,000.00 cash bail bond. 
Title 18 of the United States Code, Section 3142(f), allows a detention hearing to be 
reopened based upon new evidence.  Subparagraph (f)(2)(B) of Section 3142, provides, in 
pertinent part: 
The hearing may be reopened, before or after a determination by the judicial 
officer, at any time before trial if the judicial officer finds that information 
exists that was not known to the movant at the time of the hearing and that 
has a material bearing on the issue whether there are conditions of release 
that will reasonably assure the appearance of such person as required and 
the safety of any other person and the community. 
 
18 U.S.C.A. § 3142(f)(2)(B). 
 
The Court finds that the conditions for reopening detention have been met. Mr. Patel 
was not presented as a third-party custodian at the initial detention hearing, nor was 
evidence pertaining to the Juan F. Luis Hospital’s capacity for maternal care. It is 
undisputed that an “explosion” of COVID 19 has occurred on St. Croix with The New York 
Times reporting an 3,142% increase in positive cases over the past 14 days. The New York 
Times, Tracking Coronavirus, https://www.nytimes.com/interactive/2021/us/virgin-
islands-covid-cases.html.1 Thus, the Court finds that these new circumstances have a 
 
1 In comparison, while cases are still extremely high, New York City has had an 280% increase in positive cases 
Case: 1:21-cr-00016-WAL-GWC   Document #: 47   Filed: 01/06/22   Page 2 of 4
United States v. Patel et al 
1:21-cr-00016-1-WAL-GWC 
Order  
Page 3 
 
 
 
 
material bearing on whether there are conditions of release that will reasonably assure the 
appearance of Defendant. Consequently, the Court finds that Defendant is entitled to 
reopen the detention hearing under 18 U.S.C. § 3142(f)(2)(B). 
The Court stated on the record at the hearing the conditions of release that will 
reasonably assure the appearance of Defendant, including, but not limited to, a $10,000.00 
cash bail bond and Mr. Patel serving as Defendant’s third-party custodian. These conditions 
will be enumerated in a forthcoming order from this Court.  
The logistical issue regarding Defendant’s travel from St. Croix to New York was 
discussed at the hearing. The Court has attached Defendant’s suggested “Record of 
Deportable/Inadmissible Alien” and ordered that Defendant travel with her third-party 
custodian who is himself a U.S. citizen and will serve as an interpreter for Defendant who 
does not speak English. 
 
WHEREFORE, it is hereby ORDERED: 
1. Defendant Nikunjkumar Rameshbhai Patel’s Emergency Motion for the Reopening 
of the Detention Hearing and for pretrial release (ECF No. 41) is GRANTED; 
2. Defendant Patel is RELEASED subject to conditions of release enumerated in the 
Court’s Order; and 
3. Defendant Patel shall travel with her third-party custodian to his residence in 
Flushing, New York with the attached Record of Deportable/Inadmissible Alien. 
 
over 
the 
past 
14 
days. 
The 
New 
York 
Times, 
Tracking 
Coronavirus, 
https://www.nytimes.com/interactive/2021/us/new-york-covid-cases.html.  
Case: 1:21-cr-00016-WAL-GWC   Document #: 47   Filed: 01/06/22   Page 3 of 4
United States v. Patel et al 
1:21-cr-00016-1-WAL-GWC 
Order  
Page 4 
 
 
 
 
 
 
 
 
 
 
 
ENTER: 
 
 
Dated: January 6, 2022 
 
 
 
/s/ George W. Cannon, Jr. 
 
 
 
 
 
 
 
 
 
 
GEORGE W. CANNON, JR. 
 
 
 
 
 
 
 
U.S. MAGISTRATE JUDGE 
Case: 1:21-cr-00016-WAL-GWC   Document #: 47   Filed: 01/06/22   Page 4 of 4