Another bail win for “ICE fugitive” accused of constant drug sales in San Francisco – this time in federal court

August 21, 2025

An “ICE fugitive” who walked out of a San Francisco courtroom in June after securing bail on his latest drug trafficking case despite a rap sheet of near-constant narcotics sales, won bail again this morning at the city’s federal courthouse after federal prosecutors failed in a bid to keep him locked up.

Elbin Cruz-Cruz, 21, is accused of possession with intent to distribute fentanyl. Today’s decision by U.S. Magistrate Judge Sallie Kim leaves the defendant two-for-two in his battle against state and federal authorities stemming from his latest arrest in June 2025.

His success illustrates the uphill struggle faced by law enforcement seeking to address foreign national drug dealing – and is a further example of the milquetoast enforcement of immigration in and around San Francisco versus the far more robust treatment in and around Los Angeles.

In 2023 alone, the court was told, Cruz-Cruz was arrested for dealing fentanyl, arrested again for dealing fentanyl 10 days later, arrested again after being found with large quantities of fentanyl in a car, and then arrested again, this time for selling cocaine, this time while wearing an ankle monitor.

Notwithstanding his lengthy rap sheet Cruz-Cruz was sent on his way by Superior Court Judge Gerardo Sandoval on June 25 with a warning that, if he were arrested again, he would be jailed.

This prompted federal prosecutors to level charges against him.

This morning in courtroom C of San Francisco federal courthouse Cruz-Cruz was freed on an unsecured $25,000 bond signed for by a woman in court who claimed to be his girlfriend.

“I don’t know why this court should have any assurance that the defendant [will] not continue to deal drugs in the Tenderloin,” said assistant U.S. attorney Alexis James in her unsuccessful effort to keep him in custody.

“This last arrest…he was under caregiver diversion so, again, given another chance by the court to fly right, he continued not to.”

Cruz-Cruz spoke only to confirm, through a Spanish interpreter, that he understood the conditions of his release and that he promised to abide by them. His attorney told the court he wanted to be released so he could take care of his family.

Prosecutors say that none of the defendant’s San Francisco cases dating from 2023 have been resolved.

Cruz-Cruz has pleaded not guilty to possession with intent to distribute fentanyl. He will next appear on August 28 before U.S. District Judge William Orrick.

The case continues.

Also today: Michael Aguilera-Cabrera a foreigner with a “DHS work permit”, who prosecutors say was working as a “mid-level” drugs distributor in San Francisco and Oakland, appeared in court for a bail review hearing Thursday having secured bail earlier this week.

Aguilera-Cabrera is accused of selling $1,000 of fentanyl to an undercover Drug Enforcement Administration agent in July. Judge Sallie Kim allowed him to leave the halfway house in which he was living and instead live with his partner.