Streamline Reports

Operation Streamline Reports
Samaritans witness Operation Streamline (OS) proceedings at the U.S. Federal Courthouse in Tucson. For more information, click on Operation Streamline Overview, Operation Streamline Cities Map and the Tucson Operation Streamline Cost Study. Use this brochure to print out the day's docket of cases before you go to witness.

March 11, 2020 1:30 - 2:25 PM

Magistrate Judge Bernardo P. Velasco, Prosecutor Curtis Smith, 17 defense attorneys, 24 U.S. Marshals, 2 simultaneous Sp/Eng interpreters and a few other court personnel

75 migrants were on the calendar today including 10 women. 55 people were charged with the misdemeanor of 8 USC 1324—Illegal Entry—and 20 had an additional felony charge of 8 USC 1326—Illegal Reentry after Removal. The entire 1325 group were in the courtroom as we entered; all chained in 5-point shackles. This judge follows the calendar calling one page at a time of 6, 7 or 8 migrants and their attorneys before him. He advises them briefly and asks each two questions—one compound question covering charges and rights and one stating the country of origin, place and date of entry for each defendant. Two men were dismissed at the start of Streamline which is usually because they do not speak Spanish well enough to communicate with their lawyers.

Today 55 migrants were from Mexico, 10 from Guatemala, 4 from Ecuador and 2 from Honduras. Information about those who are dismissed is not given in court. From west to east, 9 people were arrested near Lukeville, 5 near San Miguel, 21 near Sasabe, 1 near Ruby, 21 near Nogales, 12 near Naco and 3 near Douglas. 53 migrants were arrested within a day of entering Arizona and 20 spent a total of 37 days in the desert before arrest. 3 men who entered near Lukeville spent 6 days before arrest.
Two people were arrested for attempted entry in Nogales and Douglas.

Credible Fear Interviews/asylum and other issues

Sisters, Melida Angelica Llasag Chanchicoaha 20-24064MP (Atty Alejandro Munoz) and Fanny Llasag Chanchicoaha 20-24080MP (Atty Diana Castillo Reina) from Ecuador were seeking credible fear interviews and wanted to stay together. Time served.

Elda Cruz Aguacatitla 20-24032MP and Alicia Lopez Reyes 20-24033MP wanted their cases to proceed together and were questioned in unison. Time served.

Attorneys Jessica Murillo and Hugo Reyna apparently had been in the courtroom with their clients in the morning but had some conflict in the afternoon. Hugo Ryna stood with all of her clients and his before Judge Velasco—10 all together. Ms. Murilllo was not in court. Judge V. said later he did not approve of this. The same thing happened last week where two attorneys appeared with all their clients at once.

All migrants charged only with 1325 were sentenced to time served and deportation which will prohibit them from entering the US legally for years. Those charged with Reentry had the felony dropped and were sentenced to 1140 days of incarceration in a private Core Civic prison (8X30, 4X60, 7X75, 1X135). Migrants with multiple reentries are now being sent upstairs for regular individual trials. That increases the number of people who are essentially going through Streamline and also accounts for the Spanish speaking Streamline lawyers having to rush between courtrooms during the proceedings.

Visitors/observers: There were about 25 visitors including a group from Wesleyan University with Jacob from Borderlinks and a group from Kino Border Initiative. A pair of Jeans or Genes from Tucson and Ohio. One GV Sam.

Judge Velasco came back to talk to them after court. He answered questions for about 45 minutes. These are bits of what he said.
--I keep on doing this (Streamline) to help my colleagues and to talk to you.
--If you don’t like the system, DO SOMETHING; vote; talk to your friends. If you live in a safe district go to one where you can help! This is like a Civil Contempt charge—you go to jail until you do something. You have the keys to this jail!
--Right now we have economic migration. Well before you get to my age we’ll have ecological migration.
--The real problem with private prisons is that they can donate money
(to states/campaigns/politicians) and federal and state employees and facilities can’t.
--Priorities:
1. Veterans should not be deported and if the have been should be brought back.
2. Parents of citizen children should not be deported.
3. This (Streamline), criminalization of the border to keep people like me out is wrong. We have to change the overall picture. We love cheap labor and drugs and need to address this.
--About his Hispanic heritage; Did you hear me say my name? Bernardo Velasco. He talked at length about his origin story.

- Katrina Schumacher

March 9, 2020 1:00 - 3:30 PM

Magistrate Thomas Ferraro
15 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey, Steve Teichner, 2 others
Visitors: 10 from Yale Divinity, Jefferson Co. High School, United Methodists, a group with Lois.

The visitors’ section was packed with 4 different groups. Nary a vacant seat left. Most of the 75 migrants were from Mexico, with an additional 7 from Guatemala, 2 from Ecquador and 1 from Honduras. Most crossed near Nogalas and Lukeville, then Douglas, Sasabe and Naco. Ferraro seems to now report countries and crossing locations. Most were apprehended within a day of crossing. In total, those who evaded capture spent 49 days probably in the desert.

Five were dismissed due to lack of interpreters and left without a criminal record to return to their home countries. Nineteen first-time crossers didn’t receive prison time, but left with criminal records, the Mexicans to be deported that evening to Nogales, Sonora, and others to detention to wait for a full plane to fly back to their countries.

Those who took a plea bargain and pled guilty to crossing the first time, left with a criminal record and will spend collectively 2560 days in mostly private prisons at a cost to U.S. taxpayers of $256,000.

Credible Fear:
Jacinto Ahuejote-Joaquin (20-23816MP) lawyer Bert Vargas.
Fernando Antonio Castaneda-Durazno (20-23787M) lawyer Dan Anderson, Mexican, I-213 wrong as never asked if he had a credible fear by Border Patrol.

Magistrate Ferraro rushed through proceedings, mispronouncing migrant names, omitting migrants and speaking to those who weren’t in the group before him. He declined to honor my request to speak after court to visitors. Perhaps another commitment. However, he did ask each group before him if they had a question or wanted to make a statement. CJA Dan Anderson spoke to them in the hall.

- Sara Busey

March 4, 2020 1:30 - 3:10 PM

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Magistrate Judge Bruce G. MacDonald, Prosecutor Smith, 17 defense attorneys, 2 simultaneous Sp/Eng interpreters, 4 U.S. Marshals, Mexican Consulate Rep and a few other court personnel

75 migrants, refugees and probably a few Long term U.S. residents were on the calendar today including 6 women. 49 migrants had the misdemeanor charge of Illegal Entry (8 USC 1325) and 26 had the additional felony charge of Illegal Reentry after Removal (8 USC 1326). All were chained in 5-point shackles.

There are 7 magistrate judges who rotate and have Streamline duty one week out of seven. Each has his/her own script. This judge had a new (to me) script this week. After the first group of two dismissals and a continuance, he advised groups of about 25 each and then called 10 migrants at a time to stand before him with their attorneys and answer 4 questions. Asking the factual question he now gave the country of origin and date and place of entry into Arizona. He also put (I believe) all requests for Credible Fear Interviews/asylum and Bureau of Prisons on the record. A member of the End Streamline Coalition sent a letter to judges requesting that they do this in court so perhaps Judge MacDonald got the letter. He has always been a judge who is polite, methodical, speaks very clearly and makes sure that each person speaks into a microphone.

Of the 72 migrants today that we have information on, 41 were from Mexico, 17 from Guatemala, 7 from Honduras, 3 from Cuba and 2 each from Ecuador and El Salvador. From west to east, 19 people were arrested near Lukeville, 1 near San Miguel, 19 near Sasabe, 25 near Nogales, 7 near Naco and 1 near Douglas. 58 people were arrested within a day of their entry into Arizona and 14 spent 50 days in the desert before arrest. The man arrested near San Miguel had entered Arizona 10 days before.

Credible Fear Interview/asylum requests and other issues

Luz Maria Montoya Arteaga 20-23545MP (Atty Peter Raptis) from Honduras is requesting a CFI. She also has a wound to her hip that needs attention. Time served.

Susana Estopinan Gongora 20-23556MP (Atty Raul Miranda) from Cuba is seeking a CFI. Photos she was carrying to support her claim were taken from her upon arrest and she needs them back. Time served.

Wife and husband Lourdes Hilda Alvarez Marzal 20-23557MP (Atty Peter Matiatos) and Oscar Rosabal Rodriguez 20-23559MP (Atty Ruben Esparza) from Cuba will ask for a CFI and also had concerns about the return of supporting documents they were carrying. Time served.

Eduardo Romeo Serrano Naranjo 20-23575MP (Atty Joel Parris) from Ecuador will seek a CFI. Time served.

Jose Andres Enriquez Romero 20-23602MP (Atty Luis Parra) a 19 year old from Ecuador was also seeking a CFI and wanted to be processed with Mr. Serrano Naranjo, above). Time served.

Mario Zapeta Capir 20-23576M (Atty Angeles Rodriguez Madera) from Guatemala will be asking for a CFI and has a BOP request for Arizona. 30 days.

Two men requested withdrawal of a CFI request noted on the I 213. This sometimes happens when people are discouraged by the treatment they receive or when they are sentenced to time served and realize that a CFI request will result in more detention time.

Guillermo Amador Rojas 20-23621MP (Nicholas Bischoff)) from Mexico withdrew CFI request. Time served.

Fernando Vidal Marin 20-23629MP (Atty Ruben Teran) from Mexico withdrew his CFI request. Time served.

Oscar Martinez Santos 20-23604MP (Atty Juliana Ore-Giron) from Mexico is a very fluent English speaker and did his court interview without headphones. Time served.

Barnabe Fernando Morales Ramos 20-23582M (Atty Angeles Rodriguez Madera) was continued until 3/19/20 at 3:00 for a Mam interpreter.

25 migrants charged with the felony Reentry had the felony dropped and were sentenced to 1260 days of incarceration in a private Core Civic prison—most likely in Florence AZ. An estimate of the cost of Streamline in the Tucson sector alone is $62,000,000 a year. If we add to that the cost of family detention, immigration detention and a wall that does little to stop drugs, we might have enough to help Central America and Mexico address some of the root causes of migration.

Observers/visitors: The courtroom was full today with close to 70 students from different groups. Many left before court ended. Alejandro from Borderlinks had a group of students from Portland. There were groups from Utah State University, Bellarmine (?) University in Kentucky, a U of A immigration class and a U of A law school class. Judge MacDonald spoke to two of the groups after court ended. I could hear very little of this but he did encourage voting and sharing this experience. He said again that when he started his work as Magistrate Judge, he did not know about Operation Streamline.
- Katrina Schumacher

March 2, 2020 1:40 - 3:20 PM

Magistrate Bruce MacDonald
Federal Prosecutor Lewis
2 Interpreters
6 Marshals
16 lawyers
Mexican Consul
Visitors: United Methodist delegation; Loyola U. School of Social Work with Lois; Perla Navidad Rojas, U of A observer
Samaritans: John Berkenkotter, Terry Miers, Steve Teichner, Sara Busey

As typical, 75 migrants were charged and convicted within 90 minutes of breaking a 1929 U.S. law by crossing the border without proper pagers. Almost all entered between ports of entry, although 3 either came through the port with false papers or tried to enter through the pedestrian lane.

Three were dismissed due to lack of interpreters. One was held over for 2 weeks while the court found an interpreter for their indigenous language and another had their first status hearing.

MacDonald doesn’t give country of origin nor where they crossed. He does state when they crossed. Comparing that to when they were apprehended, all together these men and a few women spent 116 days in the desert during many chilly nights.

The Federal Public Defenders had their clients up before the magistrate all together, apparently so they could get back to other work. The re-entry migrants were brought in in 2 groups. Perhaps due to a shortage of headphones?

Credible fear:
Yordileisy Perez-Leyva (20-23367MP) lawyer Miranda. Cuban. CF not noted in his I-213 by Border Patrol
Luis Ernesto Arcia De Armas (20-23368MP) lawyer Kilburn.
Claudio Roberto Macao-Espinoza (20-23413MP) lawyer Breshears, separated from wife. Breshears gave the wife’s name to the Public Prosecutor and had this put on the minute record in an attempt to locate her.
Delmi Yamileth Vasquez-Sanchez (20-23424MP) lawyer Bacal. Wants to contact consul, which Border Patrol failed to check CF on her I-213.
Claudia Armenta-Candido (20-23389M) lawyer Kilburn. CF not noted on her I-213. 105 day sentence.

One migrant seemed to stand out because of his fair skin color. Lawyer Anderson said he was from Mexico where they describe such people as having, “no Indian blood.” Lldefonso asked the magistrate to reduce his 105 day sentence. MacDonald said he could not.

There were 57 who crossed the border for the 2nd time. They will spend collectively 2595 days mostly in Florence, AZ, at Core Civic’s private prison to the cost to US taxpayers of $259,500.

The annual cost of Tucson’s Operation Streamline is $62mil. The cost to those migrants is lost wages to feed their families, return to their country burdened with approx. $6,000 in dept to friends and relatives, loss of farm, no prospect of a job.

Both 1st and 2nd time crossers will leave the U.S. with criminal misdemeanors on their records, making it almost impossible for them to return to the U.S. legally.
- Sara Busey

Yuma Operation Streamline
9 1325 & 6 1326 with one lawyer.

February 26, 2020 1:30 - 2:30 PM

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Magistrate Judge Bernardo P. Velasco, Prosecutor Lynch, 15 defense attorneys, 2 simultaneous Sp/Eng interpreters, 4 U.S. Marshals, Mexican Consulate Rep ( the Guatemalan Rep was here in the morning), and a few other court personnel

75 migrants, asylum seekers and probably some long term U.S. residents were on the docket today including 7 women. 47 migrants were charged with the misdemeanor of 8 USC 1325—Illegal Entry. 28 had the additional felony charge of 8 USC 1326—Illegal Reentry after Removal. All were chained in 5-point shackles. The entire misdemeanor group was seated in the courtroom as we entered and the entire felony group entered as they were finishing up.

38 migrants are from Mexico, 21 from Guatemala, 3 from Honduras, 2 from Nicaragua, 1 from Venezuela and 1 from Ecuador, We had no information on the 8 people who were dismissed at the start of Streamline. These are most often people from southern Mexico and Guatemala whose primary language is not Spanish and who have such a minor offense that they are not continued to await an interpreter. Prisoners may also be dismissed if they are found to be underage or if they seem to have problems with comprehension. Mexicans in this group may be removed today while Central and South Americans will be held at a detention center until a chartered plane can take them back to their country.

From west to east, 28 migrants were arrested in the Lukeville area, 1 near Topawa, 1 near San Miguel, 7 near Sasabe, 2 near 3 Points, 18 near Nogales, 1 near Naco and 8 near Douglas. 41 people were arrested within 1 day of entering Arizona while the other 26 we have information on spent 104 days in the desert before arrest. 17 of those arrested near Lukeville had 72 days before arrest by the Border Patrol—from 3-7 days each.

Judge Velasco calls 6-8 migrants before him with their lawyers. He advises them briefly and asks 3 questions of each individually. 3 men answered in English. Some judges require those answering in English to answer in Spanish because they are “using” the services of an interpreter but Judge V. does not. After advisement he asks if they have any questions and before each small group leaves the courtroom he asks, ‘Is there is anything else?. There are few comments by lawyers or their clients. Today, when he asked the second group’s lawyers if they ‘thought their clients had made a decision to plead guilty’, Ms. Ore-Giron said, ‘Ultimately it’s up to him, I’ll let him answer that’. Good for her!

Credible Fear Interview/Asylum requests and other issues

Rafael Eduardo Auvert Paz 20-23114MP (Atty Angeles Rodriguez-Madera FPD) from Venezuela has suffered political persecution in his country and is seeking a CFI. She asked that he be held until his interview. Time served.

Two migrants withdrew their CFI requests both clients of attorney Peter Raptis; Sergio Timoteo Perez 20-23134MP from Guatemala who had been arrested near 3 Points after 5 days (Time served) and another Guatemalan, Jorge Alberto Retana Castro 20-23136M (75 days).

A married couple asking to be removed together were questioned together. Benigno Diaz Martinez 20-23138MP and Diana Carolina Perez Martinez 2023139MP. They had entered Arizona near Lukeville and spent 4 days before arrest.

26 of the migrants with 2 charges had the felony dropped and were sentenced to 1335 days of incarceration in federal prison (2X105, 7X75, 3X60, 14X30). They will most likely go to a private Core Civic prison in Florence AZ at a cost to taxpayers including some of the defendants in court today of $133,500. That’s only the bed cost for one day for one sector of the U.S./Mexico border.

Visitors, observers, witnesses: About 50 were observing today. Borderlinks had a student group from Vancouver with Natalie, Delle had a large older group we met at the Sams’ meeting and a few couples and triples including some GV Samaritans and two musicians with Shura.

Judge Velasco came back to talk to us as is his custom and answered questions. I can never keep up with him but these are snippets of what he said.
Why do you do this? I want to give my colleagues a break. It’s very difficult to do Streamline 5 days in a row.
Why not more judicial activism? Do you want judges who pick and choose which laws they will support? You need to advocate and change the laws—VOTE!
Private prisons—We have (as a country) decided that public prisons are no good. Private prison owners can contribute to political parties while public prisons can’t.
What would you change? Veterans who fight in our wars should not be deported when they come back with PTSD and have trouble. Parents of citizen children should not be deported.
As long as we want cheap labor and drugs and don’t address our broken immigration system this is what we will have.
- Katrina Schumacher

February 24, 2020 1:30 - 3:10 PM

Magistrate Maria Aguilera
Federal Prosecutor Lewis
2 Interpreters
6 Marshals
16 lawyers
Mexican Consul
Visitors: Deb from Virginia & 3 friends; 7 high school students from UU church in New Hampshire; Ginnny Close & friend; Lou Montemaggi; Sara Busey

75 unauthorized immigrants filled the court room today. Either they crossed the border between ports of entry or came through the port with false papers. Of those, 34 crossed for the first time; 41 for the second. Five were dismissed without charges for lack of interpreters for their indigenous languages, one was held over to find an interpreter, one was found to have crossed a second time and had his initial appearance held then. Another was continued for unknown reasons.

Those with first time charges will be deported that evening, leaving with misdemeanor criminal charges that will make it nearly impossible to return to the U.S. legally. Those convicted of re-entering will be sent to prison that day, also leaving with misdemeanor criminal charges.

No place of crossing was given nor country of origin. One lawyer did state her client was from Ecuador, but had Mexican papers and wanted to be deported to Mexico. Collectively, those 75 spent 80 days in the desert between crossing and being apprehended/surrendering.

Francisco Cruz-Cruz asked to speak to the court. He apologized for breaking U.S. law and said, if the magistrate would reduce his 30 day sentence, he would never come again. He came for a “better life” for his two children and parents. The magistrate explained that she couldn’t. His lawyer then told Aguilera Francisco’s headset had not been working the whole time he was in court. Aguilera had him sit down and at the end of court re-read all his rights to him that he had missed. (I left court, but assume the 30 day sentence remained.)

Credible fear:
Rosa Cruz-Hernandez (20-22918MP) lawyer Chris Kilburn.

Altogether, those receiving prison sentences will spend 1845 days in mostly private for-profit prisons, likely Core Civic in Florence, AZ. The cost to U.S. taxpayers ($100/day) will be $184,500. A cost study of Tucson Operation Streamline found $62million taxpayers dollars is spent every year for this part of the administration’s “prevention through deterrence” policy.

After court, Criminal Justice lawyer Jessica Ruiz spoke to the visitors.
“How does the prosecutor decide how many days each migrant gets?”
“He has a formula and, based on the migrant’s past immigration record and of his first time record in the U.S., assigns the number of days.”
“Have you ever had a client who came legally but overstayed his/her visa?”
“Rarely. He would have had to have also crossed into Mexico and then been apprehended returning.”
“How do you maintain your mental health as a lawyer in OS?”
“I do yoga. I work here only on Mondays and it is the worse day of my week. I am Mexican. I grew up in El Paso. I appreciate the really shitty job Border Patrol has. And I do more than “lawyer” my clients. I call their families, explain in simplified language what to expect in court using diagrams, and try to show empathy.”

- Sara Busey, End Streamline Coalition

February 19, 2020 1:30 - 2:45 PM

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Magistrate Judge D. Thomas Ferraro, Prosecutor Lynch, 16 defense attorneys, 2 simultaneous Sp/Eng interpreters, 6 U.S. Marshals and security, Mexican Consulate Rep (the Guatemalan Rep was leaving as we entered the building) and a Court Clerk.

75 migrants were on the calendar today including 12 women. All were chained in 5-point shackles. 39 migrants were charged only with the misdemeanor of US Sec. 8 1325 Illegal Entry and 36 had the additional felony charge of US Sec. 8 1326 Illegal Reentry after Removal. 41 migrants were from Mexico, 24 from Guatemala, 2 from Ecuador and 1 from El Salvador. We got no information on the 6 people who were dismissed at the start of Streamline. The men were probably indigenous language speakers from southern Mexico and Guatemala.

54 migrants were arrested within a day of entering Arizona and 15 spent a total of 70 days here before arrest. From west to east, 23 people were arrested near Lukeville, 4 near Topawa, 6 near Sasabe, 2 near 3 Points, 2 near Arivaca, 24 near Nogales, 6 near Naco and 1 near Douglas. Those who had most days in the desert before arrest were from Lukeville, Sasabe and 3 Points. Topawa is about 20 miles from the border and 3 Points is about 45 miles from Mexico.

This judge addressed the entire 1325 group and then called 6-8 people and their lawyers to stand before him and answer three questions. The first two compound questions he asked once and then went down the line for the answer (yes). The third question stated the facts for that individual including country of origin, place and date of arrest. After each group he asked if there were any questions and if anyone wanted to make a statement. He himself put a request for a Credible Fear Interview/asylum and some Bureau of Prisons requests on the record. There were only a couple of comments by attorneys and none by the prisoners. Judge F. repeated this process with the felony 1326 group.

CFI/Asylum and other issues

Maria Isabel Rodriguez Bonillla 20-22746MP (Atty Myria Garcia) from El Salvador will be seeking asylum. The judge, not the lawyer, put this on the record. Time served.

Atty Juliana Ore-Giron, asked that her client Beatriz Reyes Bautista 20-22694MP from Mexico be allowed to talk to her husband who had a felony charge and would be separated from her after court. The judge said to ask the marshals; it was not up to him, he didn’t care. Lawyer-Ore Giron wanted the request on the record. Another lawyer, Munoz, had the same request for his client. Some judges would have asked the marshals—who are in the courtroom—to facilitate this even though the judge does not have the final say.

Attorney Diana Castillo-Reina had 3 of her clients dismissed.
Jose Luis Sandoval Francisco 20-22747MP, Kevin Jonatan Mejia Bocel 20-22700, and Martin Sac Tepaz Morales 20-22745M.
She seemed to have a lot to say about one of them. We observers were not allowed to enter the courtroom until after Streamline had started so this was happening as the large group was entering. I did not hear what she said or which of her dismissed clients she was referring to but if someone knows her s/he could call and ask. A person who seeks asylum and does not speak Spanish is most likely to miss the opportunity of asking for help before removal from the U.S.

4 migrants were wearing medical face masks. Two people started answering in English and switched to Spanish.

34 of those charged with Illegal Reentry had the felony dropped and were sentenced to close to 1,620 days of incarceration in a private Core Civic prison—4 and a half years of lost income to families and $162,000 of taxpayer (including some sentenced to prison today) dollars going to support private prisons. Is this what due process looks like?

Observers/visitors; There were several groups here today filling the courtroom—a group of young people from Canada with the Kino Border Initiative and others. Several adult observers included Revs Vicki Hesse and Leah McCullough from MN and Carla Basom from OR and a GV Sam.

Yuma OS Court today had 4 migrants—two with Sikh surnames.

- Katrina Schumacher

February 12, 2020 1:45 - 3:35 PM

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Magistrate Judge Lynette C. Kimmins, Prosecutor Smith, 16 defense attorneys, 2 simultaneous Sp/Eng interpreters, Mexican Consulate Rep, 5 U.S. Marshals and security and a few other court personnel

74 migrants were in Streamline court today including 4 women. 44 were charged only with the misdemeanor of Illegal Entry (8 USC 1325) and 30 had the additional felony charge of Illegal Reentry after Removal (8 USC 1326). All were chained in 5-point shackles.
8 migrants were dismissed at the start of the proceedings and we do not hear any information about them. Most people are dismissed because their primary language is not Spanish and they have not been able to communicate well enough to understand the process.Usually they are from southern Mexico or Guatemala. Other reasons for dismissal are being under age or having an apparent lack of comprehension. If the indigenous language speaker is deemed to have a more serious offense, s/he will be continued to await an interpreter.

Of the remaining 66 migrants, 28 were arrested on the day they entered Arizona. 38 people spent 127 days in the Arizona desert before arrest. In the summer temperatures can get to 110 but right now it has been close to freezing and wet. 18 migrants were here from 3 to 15 days before arrest. From west to east, 17 people were arrested near Lukeville, 1 near Why, 1 near Big Fields (after 15 days), 23 near Sasabe, 13 near Nogales, 3 near Naco, and 9 near Douglas. Those entering from Lukeville to Nogales include the people with the longest time before arrest.

Judge Kimmins is very careful, thorough and methodical. She calls the lawyers first, questions them and says that she has the requests for Bureau of Prisons (BOP) and Credible Fear Interviews/asylum(CFI) on the record and will not mention them in court although the lawyers can. She then advised the whole 1325 group and called 8 migrants before her with their attorneys to ask each 6 questions (yes, yes, yes, yes, yes, guilty).

CFI and other issues

Jayro Domingo Huete Pao 20-22308MP (Atty Alejandro Munoz) will ask for a CFI though this is not reflected in his I 213.

Yoni Alfredo Morales 20-22307M (Atty Grace Goodman) was either requesting a CFI or asking to have a request removed. Too noisy to hear while group was exiting.
Edwin Sales Lopez 20-22345MP (Grace Goodman) is a Mam speaker from Guatemala who was to be given ‘Time Served’ and wanted to continue his hearing today though his lawyer questioned his understanding and wanted the judge to give an opinion. The judge saw him at the end of the calendar and questioned him about his trip to the U.S., his education and his use of Spanish in his everyday life. She went though the advisement again very slowly with him individually and did sentence him to time served and deportation. Most judges would not have been this careful but this judge seems to protect every part of due process involved in Streamline.

Martimiano Hernandez Hernandez 20-22349M (Atty Richard Bacal), a Zapoteco speaker (30 days), and Vicente Marabel Miranda 20-22324MP (AttyDavid Aguilar), a Nahuatl speaker (time served) were also questioned for comprehension in Spanish by the judge. .

Israel Vargas Yanez 20-22383MP (Atty David Maldonado) wanted to continue today though his lawyer said there might be a chance of derivative citizenship. He was to get time served and wanted to go home. The process of investigating possible citizenship—finding records of a U.S. citizen father for instance, would have taken time and ended with longer detention. Time served.

Marvin Alexander Perez Thomas 20-22340M (Atty Juliana Ore-Giron) had been in this same courtroom on 5/22/19 and had signed a plea bargain for 75 days. His lawyer said he had ‘buyer’s remorse’. He had seen other who he knew had entered the U.S. more than twice getting 30 days and he wanted his time reduced. The judge explained to him that others with his same history were getting the same sentence and talked to him alone at the end of the calendar when all other defendants and attorneys had left. She explained she could not reduce his sentence but could vacate it and schedule a trial but he would be likely to spend even more time incarcerated. She then had him sit with his lawyer and the prosecutor again to discuss his situation. I left at that point and will check on the result later.

27 people with both charges had the felony dismissed and were sentenced to 1,050 days of incarceration (21X30, 2X60,4X75) most likely in a Core Civic private prison. This is low number and means that these ‘criminals’ are guilty of the crime of stepping on U.S. soil two or three times. Because this is a status crime (you are here on U.S. soil, you are not a citizen so you are guilty) there are few ways to be NOT guilty. Derivative citizenship is one. Another man today was caught as he had tried to run in at Nogales through the car lane. He was trying to return to Mexico when he was apprehended. A team of lawyers probably could have gotten him off. Now he will have a record of 30 days and deportation which will prevent him from legal entry into the U.S. for years.

Visitors; Nancy Anderson, a visitor from Idaho and GV Sams Lynn Whipple
- Katrina Schumacher.

February 10, 2020 1:00 - 3:30 PM

Magistrate Lynnette Kimmins
15 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals

Samaritans: Group from Minnesota, Sara Busey
Visitors: Denise from Quebec, Rosie Vogan (who has spent time with asylum seekers in Remain in Mexico camps outside of Texas.)

Of the 75 migrants, 28 were first time border crossers and 47 who entered a second time. The magistrate said 25 entered near Sasabe, 15 near Nogales, 10 near Douglas and 14 near Lukeville. Three came in through a port, 2 hidden on the train. Most were apprehended the same day, but others spent, in total, 84 days in the desert before being apprehended/giving up. A group that crossed near Sasabe were out 6 days.

Four were dismissed due to language issues and lack of interpreters for their indigenous languages. Five from Guatemala were quizzed by Kimmins for comprehension. Those with plea bargains (re-entry) will spend a total of 2120 days, probably in Florence, AZ at a for-profit prison at a cost to US taxpayers of $212,000.

No Credible Fear requests.

Sara Busey

After court, CJA lawyer Jessica Ruiz voluntarily met with our small group and answered questions. She did an excellent job. One interesting fact—public defenders are salaried so she didn’t know their hourly rate. But CJA attorneys receive $152/hr.

NOTE: CJA means Criminal Justice Attorney. There are always 2 FPD in court also. Federal Public Defenders.

February 3, 2020

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Magistrate Judge Maria S. Aguilera, Prosecutor Lewis, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous Sp/Eng interpreters, Mexican Consulate Rep and a few other court and security personnel

75 migrants were on the calendar today including some long time U.S. residents. 7 women were on the calendar. 16 migrants with only the misdemeanor charge of Illegal Entry (Sec. 8 1325) were seated chained in 5-point shackles as we entered the court room. 59 with the additional felony charge of Illegal Reentry after Removal (Sec. 8 1326) entered as a group later. 39 people had been arrested on the day they entered Arizona—4 of those were attempted entry in Nogales by use of false ID or entry through other than the Port of Entry. 36 migrants spent 97 days in the desert before arrest. 29 of those days were spent by people on page 9 of the calendar.

This judge does not mention country of origin or place of entry into Arizona. She also told the attorneys that requests for Credible Fear Interviews/asylum and Bureau of Prisons would be on the minute record and need not be repeated here. I think there must have been at least a few CFI requests but we did not hear about them. 4 prisoners were dismissed at the start of Streamline because they were indigenous language speakers, didn’t understand enough Spanish to speak to their lawyers and hadn’t committed a grave enough offense to warrant waiting for an interpreter. 3 people were continued, two of them to wait for an interpreter in their language.

Angel Pablo Gomez Gomez 20-21642M (Atty Jay Sagar), an English speaker wearing no headphones was continued until 2/18/20 at 3:10.

Alvaro Garcia Claudio 20-21671M (Atty Chris Kilburn) a Mam speaker was continued until 2/18/20 at 2:10.

Rigoberto Aguilar Godinez 20-21684M (Atty Micaela Portillo), a Mam speaker from Guatemala was continued during the proceedings until 2/12/20 at 2:30. This illustrates one of the ‘due process’ arguments against Streamline. Mr. Aguilar really wanted to complete the hearing today despite his lawyer’s and then the judge’s doubts as to his comprehension. The script this judge was using involved 6 questions with 5 ‘yes’ answers and then ‘guilty’. He tried to answer ‘yes’ to each question but as the judge tried to check for understanding and was asking things in a different way it did not work. Judge Aguilera decided he was to be continued which upset the defendant. He was to be sentenced to 30 days including time served. The judge tried to explain to him that his sentence would not increase by waiting a week for a Mam interpreter.

This judge addressed the whole 1325 group and later the 1326 group. Then she called 6 or 7 people to the bench with their lawyers and asked each the 6 questions. There were no CFI/asylum requests made in court but there were a couple of other issues.

Eliazar Lopez Martinez 20-21677M (Atty Raul Miranda), a Ch’ol speaker from Chiapas had difficulty understanding but tried again after his group was done and was sentenced to 60 days.

Belem Aguilar Rojas 20-21705M (Atty Joel Parris) entered Arizona at Nogales using false ID. Her lawyer had her sit while being questioned but she did walk out on her own. 30 days.

Miguel Angel Lopez Morales 20-21706M(Atty Micaela Portillo) Had a deep cut on his hand from the razor wire on the fence and was taking antibiotics for possible infection. Both the judge and the lawyer told him to ask for medical help once he arrived at CCA. 75 days.

When she got to the last page the judge made a mistake in pronunciation that struck her as funny and began to laugh out loud. Then she did it again calling Corey Simon (a lawyer) Simon (accent on the o)—which means ’yes’ in border Spanish That made her laugh even harder.

54 migrants were sentenced to 2,805 days of incarceration. Most will go to the Core Civic private prison in Florence. At $100 a day that’s $280,500 for imprisoning people from one day of Streamline Court from one sector of our southern border.

Observers/visitors: A group of about 8 with Joanna from Kino Border Alliance, seasonal Samaritans Bob and Sue Ames and Lew. One family member of a migrant on page 3—she left as this group left the courtroom.
Attorney Joel Parris stayed to talk to us and answer questions. He had a lot of interesting things to say including, ‘Don’t quote me’ so take this with a grain of salt.

There were questions about the interpreters and what happens to those who are continued to wait for an interpreter in Mam, Ch’ol or another language. The interpreter may be anywhere and interpreting over the telephone where the judge and lawyer are speaking English legalese and the client speaks Mam or Chol or Nahuatl. Mr. Parris noticed that the interpreter was explaining many of the legal terms in Spanish . When he asked about it the interpreter said the terms don’t exist in some indigenous languages and they must try to get the idea across using a mixture, For some languages that are more widespread like Mixteco you might also have a dialect problem within the language.

- Katrina Schumacher

January 29, 2020 1:40 - 2:30 PM

Magistrate Judge Bernardo Velasco, Prosecutor Curtis Smith, 15 defense attorneys, Mexican Consulate Rep, 2 simultaneous interpreters, 4 U.S. Marshals and a few other court and security personnel

75 migrants, refugees and a few long time U.S. residents were on the docket today including 2 women. 2 more women did not appear in court. As we entered the court all 73 were entering in 5-point shackles filling the seating usually reserved for prisoners and some of the right side benches where lawyers often sit. 41 were charged with the misdemeanor of Illegal Entry (Sec 8 1325) and 32 had the additional felony charge of Illegal Entry after Removal (Sec 8 1326).

45 people are from Mexico, 12 from Guatemala, and 2 each from Peru and Ecuador. It is likely that most to the 12 migrants dismissed or continued were from Central America or Southern Mexico. Most were dismissed because they speak an indigenous language and were unable to communicate with their attorneys. Also their offenses were negligible enough not to warrant getting an interpreter.

33 of the 61 migrants for whom we heard information were arrested on the day they entered Arizona. 3 of those were attempted entry by train and evading detection at the Nogales Ports of Entry. The remaining 28 migrants spent a total of 62 days in the desert before arrest. From west to east 22 people were arrested near Lukeville, 12 near Sasabe, 13 near Nogales, 2 near Naco and 12 near Douglas.

In addition to those dismissed, 2 migrants were continued at the start of the proceedings.

Jorge Arturo Mosqueda Beravo 20-21407M (Atty Juliana Ore-Giron) was continued until 2/20/20 at 2:30.

Rolando Lucas Lucas 20-21453M (Atty Peter Matiatos) was continued until 2/14/20 at 11:15. No mention of why in either case but as these are both felony defendants it may be to await interpreters in their languages.

Judge Velasco calls groups of varying size to the bench where he advises that group briefly and asks each person 2 questions—the answers should be, ‘Yes’ and ‘Yes’. With the misdemeanor groups he generally tries to get to the bottom of each calendar page. With the first two groups the first in line answered ‘Culpable’ (guilty). He let that go which most judges would not and then with the third group he instructed them to say, ‘Yes’ or ‘No’. With those charged both a felony and a misdemeanor he calls larger groups and has a crowd before the bench.

Credible Fear Interview/Asylum Requests and Other Issues

Leonardo Lazo Cerron 20-21361MP (Atty Peter Raptis) and Gustavo Lazo Cerron 29-21362 (Atty Luis Parra) both from Peru are seeking a CFI and Lawyer Raptis said they wanted to be interviewed together. They seem to be confused with their desire for asylum and the need to plead guilty to Illegal Entry. Time served.

Jose Luis Monares Gallardo 20-21387M (Atty Victoria Brambl) from Mexico wants a hearing to object to expedited removal. He has lived here for 30 years and has 4 citizen children. One is 24 and has been planning to petition him in. He requested to serve his time in Southern California. 75 days.

25 migrants had the felony charge dismissed and were sentenced to 1590 of incarceration in a private Core Civic federal prison (2X135, 1X105, 11X75, 2X60, and 9X30). Most will go to Florence AZ. The bed cost alone will be $159,000 of taxpayer money some of whom were defendants here today.

Visitors/observers: two groups of four older observers, one with Pastor Kari and two couple from WI coming to inform themselves. A couple That I think may have been relatives of one of the dismissed men came but left quickly.

Judge Velasco came back to talk to the small group as is his custom.
He talked of issues that upset him—deporting veterans and parents of citizen children. He mentioned last week’s supreme court hearing and our efforts to keep out people who are poor. He spoke of our love for cheap labor and drugs and how all across the country there is a growing labor shortage in our fields/orchards and elder care. He said Obama could have killed Streamline but he didn’t because he wanted to prove he was tough on border security. And then private prisons—state and federal governments like them because they contribute to campaign financing.
- Katrina Schumacher

January 27, 2020 1:30 - 3:10 PM

Operation Streamline (OS) 1-27-20 1:30-3:10

Magistrate Jacqueline Rateau
15 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Carol Torgerson, Sara Busey
Visitors: 50 Sisterhood of Salome Salome members, Jewish and Muslim, from around the U.S. with Borderlands guide; one woman from Montana.

Another full house with 75 migrants, 21 who were first time crossers and 54 re-entry. Three were dismissed due to lack of interpreters for their indigenous languages and 2 others were continued, “not for language purposes,” per Mr. Lewis.

A large group who came in near Lukeville on January 25th were apprehended the same day. One woman who entered there 8 days earlier was free to spend those days in the desert until caught or turned herself in. Others entered near Nogales and Sasabe and a few near Douglas. Four attempted entry at a port.

In total, those who plea bargained will spend 2385 days in prison at an approximate cost to US taxpayers of $238,500, ($100/day), probably in Core Civic’s private prison in Florence. Those who crossed for the first time were released to the Bureau of Prisons to be sent back across the border in Nogales (if Mexican) or to wait in detention for a full plane to fly them to their country.

Credible Fear
Eber Orlando Tomas-Aguilar (20-21243M) attorney Public Defender Christina Woehr. Entered near Sasabe 1/25. No country given.

Issues. Jose Luis Ixtepan-Chagala is diabetic and needs medicine, which was taken away by Border Patrol at apprehension.
Comprehension: Several lawyers put on the record that their client’s first language is indigenous, but he/she had no trouble understanding Spanish. The magistrate quizzed each for comprehension. Others clearly had trouble as they answered each question with “guilty.”

Yuma, one of 12 Operation Streamline courts across the southern border, had 7 defendants today, all first-time crossers, with 1 lawyer.
- Sara Busey

January 22, 2020 1:30 - 2:30 PM

Another day in Tucson’s Operation Streamline, just one of the eleven OS courts along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s ‘zero tolerance’ policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons. Sara B.

Judge Bernardo P. Velasco, Prosecutor Lynch, 16 defense attorneys, 2 simultaneous Sp/Eng interpreters, 4 U.S. Marshals and a few other court and security officers.

75 migrants, refugees and probably some long term U.S. residents were on the docket today, including 6 women. As we entered, the 40 prisoners who had been charged with the misdemeanor of Illegal Entry (Sec 8 1325) were seated in the courtroom chained in 5-point shackles. When the judge finished with the dismissals and the misdemeanor sentencing—all for ‘time served’--the other group of 35 people charged with the felony of Illegal Reentry after Removal (sec. 8 1326) entered.

58 Mexicans were here today, 7 from Guatemala, 3 from Honduras and 2 from El Salvador. It is likely that most of the 6 people dismissed were from Central America. From west to east 37 migrants were arrested near Lukeville, 8 near Sasabe, 20 near Nogales, 2 near Naco and 5 near Douglas. Most people were arrested within a day of entry into Arizona but 10 people entering near Lukeville spent 4 to 6 days in the desert before arrest and 3 of those entering near Sasabe spent 3 days before arrest.

Judge Velasco calls up groups of 6-8 of those charged with 1325 before him at a time. He advises each group and then asks each person two questions. The first is something like, ‘Do you understand the charges against you, the consequences of pleading guilty, wave your right to a trial and plead guilty to the charge?’ And the second question goes, ‘Are you a citizen of Honduras and did you enter the United States near Lukeville on January 19 without permission? Two ‘yes’ answers that some migrants give in English. Judge V. says that the work of the court is done in the morning when migrants meet with their lawyers and the prosecutor. The court session is just the official stamp.

The treatment of the 1326 group was similar except he called groups of 9, 13, and 11 which, with lawyers, makes quite a crowd before the bench. 32 defendants had the felony dropped and were sentenced to 1,455 days of incarceration in a private Core Civic federal prison (22X30, 2X60, 9X75).
Private prisons like incarcerating migrants because, as today, they get $100/day for jailing people whose crime has been stepping on U.S. soil two or three times.

Asylum and other issues
Manuel Alberto Portillo Romero 20-20950M (Atty Diana Castillo-Reina) from Honduras will be seeking asylum. His attorney asked for a ‘Reasonable Fear Interview’ which is the higher bar required for migrants with a previous 1326 arrest. He will serve his criminal sentence first. 75 days.

Herbeth Eliu Ramirez Pimentel 20-21027MP (Atty Alejandro Munoz) from Guatemala was on crutches. The judge asked what happened to him and he said he had injured his leg walking in the desert. Time served.

Edelmira Valenzuela Vivas 20-20948MP (Atty Joel Parris), and Irving Jonathan Flores Sanchez 20-20953 (Atty Fernanda Munoz) are from Mexico and were arrested near Lukeville the day they entered. They were questioned together and gave their two yeses in unison. Time served.

Many observers/visitors today—a couple from Vermont and Patricia Decker who had been observing the detention trial, a group of 12 from Lafayette College with Alejandro from Borderlinks and a group of about 15 from San Miguel High school in Tucson
As is his practice Judge Velasco came back to talk to the group and spent about an hour answering questions from the groups. He talked of Streamline since it’s creation; first we punished criminals, then we punished people to get an immigration law and now we punish people to get a wall. He spoke of what really upsets him—deporting veterans of our armed forces, deporting parents of citizen children and our lack of will to address our craving for cheap labor and drugs. He didn’t mention DACA people today which he often does.

He also spoke of his origin story growing up in Hayden and ending up here as a judge. He spoke of an earlier injustice that stuck him as a Superior Court judge. Migrants caught carrying huge bails of marijuana through the desert were sentenced to 180 days while people driving across through a port of entry with the same drugs were sentenced only to probation. The disparity seemed unfair.
Judge Velasco’s willingness to share with groups is much appreciated and today was no exception. The San Miguel group especially left as fans and crowded around him for a photo.
- Katrina Schumacher

January 15, 2020 1:30 - 2:00 PM

Magistrate Judge Bernardo P. Velasco, Prosecutor (Curtis) Smith?, 17 defense attorneys, 2 simultaneous Sp/Eng interpreters, 6 U.S. Marshals and security and a few other court personnel

60 migrants, refugees, and likely some long time U.S. residents were on the calendar today including 11 women. All were seated in the courtroom in 5-point shackles as we entered. 32 migrants were charged with the misdemeanor of Illegal Entry (8 USC 1325) and 28 had the additional felony charge of Illegal Reentry after Removal (8 USC 1326).

40 migrants are from Mexico, 8 from Guatemala and 2 from Honduras. We had no information on the 10 people who were dismissed at the start of the proceedings who were likely from southern Mexico and Guatemala and spoke insufficient Spanish to understand their lawyers. Going west to east, 12 migrants were arrested near Lukeville, 1 near Ajo, 1 near Menangers, 9 near Sasabe, 3 near Arivaca, 16 near Nogales, 3 near Naco and 4 near Douglas. Almost everyone was arrested within a day of entry into Arizona.

After dismissals and one continuance—Javier Jimenez Esteban 20-20637M (Atty Guenevere Nelson Melby) to 2/5/20 at 1:30—Judge V. called the prisoners before him in groups of 7, 7, 8, 5, 10, and 12.
He advised each group briefly and asked 3 compound questions to each. The first defendant said something like, ‘Si, soy culpable”. Many judges would not let this pass and would insist that the person not say ‘culpable’ until the last question but just answer ‘yes’ or ‘no’. Today when the first person answered in this way, about half of the others answered in a similar way. The judge later told us that the work of the court was done in the morning during the meetings with clients, attorneys and the prosecutor. Afternoon court was to fulfill the OS requirements.

No asylum/Credible Fear Interview requests were mentioned in court but I believe one or both of Atty Goodman’s clients were asking for a CFI.

Zulma Maribel Ramirez Morales 20-20682MP (Atty Grace Goodman) from Guatemala. Time served.

Maria Gabriela Cruz Cruz 20-20640MP (Atty Grace Goodman) from Honduras. Time served.

Other Issues
Margarita Guzman Surita 20-20632M (Atty listed Peter Raptis) is a Mixteco speaker and requested to take the plea despite her attorney’s concerns. Her lawyer said he was not sure how much she had understood and whether it was language or understanding. She had two years of education, she didn’t know how many days were in a month. Judge V. seemed upset with the lawyer, ‘You want me to reject or not?’. She had been here 12 years ago for the same offense and was to receive a 75 day sentence. Judge V. vacated her guilty plea and she was continued to 2/4/20 to await a Mixteco interpreter. As her lawyer walked her to the door she appeared to be weeping.

Laura Perez Jimenez 20-20650M (Atty Diana Castillo Reina) from Mexico had some difficulty with the questions. Her attorney said she had been out in the desert for a while, had a headache and was hungry. The judge appeared impatient and she went ahead. 75 days.

23 of those with the felony 1326 had the felony dropped and were sentenced to 1305 days 10X30, 2X60, 8X75, 1X135, 1X150 of incarceration at a federal Core Civic private prison. No requests for the Bureau of Prisons were put on the record during court.

Lots of visitors/observers today—13 from Ithaca College in NY, 6 from the Good Shepard UCC here for Border Issues Fair, Peter Hirshman and friend, Sally Herzog from CO. Judge Velasco came back to talk to us as is his practice. There were many good questions that I could not hear but judging from the answers were very thoughtful.
Answers;
‘We love drugs and we hate working.’
In Streamline we used to see mostly Mexicans coming to work, now we see families and villages from Central America.
‘We love Democracy but we prefer to support dictatorships that support our economic system’.
The best time to come is is on Friday afternoon. Over the weekend many more people are arrested than Streamline is able to process. People with no record entering on a Friday are likely to be sent back to make room for those with more of a record arriving on Saturday or Sunday.

The crime of 1325 is that undocumented people come across and then they are caught. If CBP watches people crossing that would that be supervised entry and no crime. So how about technology in use where CBP can see groups approaching the wall from a distance and then does nothing until the group has crossed—is that still a crime? Yes because the camera cannot tell the group to go back. Even if there might be a case would a migrant wish to fight it in court?
Question; Do you know any judges who feel like Operation Streamline is working?
Answer; Not on the border!
- Katrina Schumacher

January 13, 2020 2:00 - 4:00 PM

Magistrate Bruce MacDonald
15 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Barb Lemmon, Sally Hertzog, Sara Busey, Kim Rivera (Tucson)
Visitors: 8 from Vermont, Border Link led group, 2 repeat visitors, 2 UA students

Another unusual day. A gas leak had closed the courthouse that morning so OS court didn’t begin until 2pm to allow lawyers to meet with their clients.

Of the 75 migrants, only 25 were first time crossers and 50 had re-entered. The magistrate took a long, careful time examining one older man to be sure he comprehended. He must have known, from the lawyer or from the migrant’s record, that he had a comprehension problem.

Lawyer Nicholas Bischoff argued respectfully yet at length to keep his client’s sentence at time served. The prosecutor had urged the magistrate to give a stiffer sentence because the migrant had fought with the arresting Border Patrol agent, but MacDonald left it at time served. Apparently, although a magistrate cannot change the sentences for those who re-enter, he seems to have some discretion with those who cross the first time.

Credible Fear—Both were first time crossers from Cuba who will spend time in detention awaiting a full plane to fly them back to Cuba.
Rancel Andrade-Gallo (20-20511MP) Lawyer Samuel Washington.
Omar Gracia-Hernandez (20-20512MP) Lawyer Bert Vargas

Valerio Garcia-Hernandez asked to speak to the court. His little girl died on their journey to the U.S. and his wife was sick. He asked that his 75 day sentence be reduced. It wasn’t.

The migrants spent 63 days in the desert before either giving up to Border Patrol or being apprehended. One spent 10 days.

Those sentenced will spend a total of 2130 days, probably in Core Civic’s private prison in Florence at a cost to US taxpayers of approximately $21,300 ($100/day) all in an effort to “deter” them from returning. This in addition to the $62 mil/year to operate Tucson OS. And add that to the cost of the 10 other OS operating 5 days a week along the border.

After court. MacDonald talked with visitors to answer questions and share his thoughts on O.S. As a former civil lawyer, he sees the criminal system’s aim as three-fold: to punish, to rehabilitate, to deter. He asked which of these OS was fulfilling.
The variability in the length of sentences depends on past criminal and immigration history.
Whether those with time served and credible fear interview requests will ever get that interview if they are returned to Nogales that evening was questionable. He didn’t know where or how that would happen. He said most migrants come for economic reasons. Lawyers can convince the prosecutor to change their client’s sentence as one did today, lowering it from 75 to 45 days.
MacDonald said his generation had “messed up” immigration and urged this next generation to vote and clean it up.

Jessica Ruiz, lawyer spoke next. She explained not all those apprehended are sent to OS and how they are handled by Border Patrol before either being sent back across the border or to other criminal courts. OS migrants are low level immigration violators. They receive a maximum sentence of 180 days, while more serious offenders face more than 2 years in prison. Although the federal prosecutor would like to give everyone a felony conviction to make his record look good, he is limited by Dept. of Justice guidelines. She knew of the proposed rule that will make it impossible for those who possibly could be sentenced to 1 year in prison (like re-entry folks in OS) to qualify for asylum.
- Sara Busey

January 8, 2020 1:30 - 2:12 PM (46 seconds per migrant)

Magistrate Judge Bernardo Velasco, CBP Prosecutor Lalloobhai, 17 defense attorneys, 4 U.S. Marshals, 2 simultaneous Sp/Eng interpreters, Mexican Consulate Rep, and a few other court officials

55 migrants were on the docket today including 4 women. All were in the courtroom in
5-point shackles at the start of proceedings. 31 people were charged with the misdemeanor of Illegal Entry (8 USC 1325) and 24 had the additional felony charge of Illegal Reentry after Removal (8 USC 1326).

31 people were from Mexico, 10 from Guatemala, 2 each from El Salvador, Ecuador and Honduras and 1 from the Dominican Republic. Many of those dismissed were probably from Central America. From west to east, 9 migrants were arrested near Lukeville, 15 near Sasabe, 16 near Nogales, 6 near Naco and 2 near Douglas. Almost all were arrested within a day of entry into Arizona. One man spent 5 days in our cold desert before arrest.

7 migrants were dismissed before the criminal proceedings started. This is usually because they speak only an indigenous language, likely from Southern Mexico or Guatemala, and have such a minor infraction that the court deems an interpreter unwarranted. As they were leaving the courtroom, one lawyer told the judge that her client had been unable to hear with the headset. The Judge replied, ‘It doesn’t matter, he doesn’t speak Spanish anyway.’

One request for a Credible Fear Interview (CFI) was put on the record during court.

Jose Gilberto Flores Reyes 20-20281MP (Atty Juliana Ore-Giron) from El Salvador is requesting a CFI. Time served.

Vicente De Paul Jimenez Mendoza 20-20263M (Atty James Smith) is a very fluent English speaker and was wearing no headphones. Two others with headphones answered in English—less fluent—and were not corrected by the judge.

Each of the 7 magistrate judges handling Streamline has his or her own script. The judge who was scheduled today puts all requests for CFI or Bureau of Prisons on the record himself if the attorney does not do it. Judge Velasco was a substitute and may or may not do this so it is difficult to know if there were more CFI requests on the record in front of the judge that were not mentioned in court.

Judge V. addressed, questioned and sentenced each group of 6 or 7 as they stood before him. Those charged only with 1325 were sentenced to ‘time served’ and deportation. 22 of those with the felony charge had the felony dismissed and were sentenced to 1,080 days of incarceration in a Core Civic federal prison followed by deportation.

No other observers today.
Katrina Schumacher

December 30, 2019 1:30-3:25 PM

Magistrate Lynnette Ferraro
15 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey
Visitors: Nancy Snyder, from an Olympia, WA Jewish synagogue which has a woman from Guatemala in sanctuary. A large group of young people from Hong Kong.

An extremely unusual day. Of the 75 defendants, 16 were from Cuba, all of whom requested a credible fear interview. They and others made up the 59 first-time crossers, 16 were re-entry. In total, there were 21 who asked for asylum. (see below)

Ferraro reads their rights to all 1325’s and then questions individuals by asking one question, goes down the line of 7-8 for their answer. Then asks another question. He does the same for the 1326’s. As magistrate, he offers each group an opportunity to ask questions. None did.

Country of origin: Mexico 29, Cuba 16, Guatemala 11, Honduras 5, Ecuador 2, Venezuela 2, Peru 1.

Point of crossing: Lukeville 23, Nogalas 21, Sasabe 13, Douglas 8, Naco 1.

All together, the re-entry migrants will spend 780 days in prison, probably in Core Civic’s private prison in Arizona.

Credible Fear
Alberto Manuel Lavastida-Rabaro (19-39719MP) Lawyer Parra, Cuba
Ricardo Arnaiz-Sanchez (19-39720MP) Lawyer Munoz, Cuba
Oscar Luis Rosales-Pupo (19-39728MP) Lawyer Amsel
Yaniel Lazaro Vazquez-Duharte (19-39731MP) Lawyer Soltero, Cuba
Yusniel Balbosa-Anzola (19-39732MP) Lawyer Solares, Cuba
Mayrem Laguardia-Prado (19-39734MP)Lawyer Simon, Cuba
Francisco Sanchez-Gomez (19-39735MP)Lawyer Ruiz, Cuba
Rander Bravo-Rodriguex (19-39736MP)Lawyer Parra, Cuba
Roger Lazaro Rodriguez-Vasallo (19-39740MP) Lawyer Lerch
Juan Francisco Lopez-Parada (19-39746MP) Lawyer Amsel
Gissel Matin-Hernandez (19-39769MP) Lawyer Washington
Marliet Jocelyn Vasquez-Torres (19-39770MP) Lawyer Rosemarie Valdez
Aida Rosa Contino-Fuentes (19-39771MP)Lawyer Soltero
Juan Miguel Coello-Graveran (19-39772MP)Lawyer Solares
Yoander Aaron Infante-Pacheco (19-39774MP)Lawyer Simon
Nelson Aldanir Soza-Kirington (19-39775MP) Lawyer Ruiz
Obdulio Perez-Yuc (19-39776MP)Lawyer Parra
Ismael Agustin Pena-Vazquez (19-29777MP) Lawyer Munoz
Yelsi Darinel Martinez-Gomez (19-39791MP) Lawyer Anderson
+Adolfo Angel Gomez-Lopez(19-39699M)Lawyer Washington
+Ramiro Ceja-Arredondo (19-39725M)Lawyer Ruiz
+1326
After court, Blake, a linguist who volunteered at Casa Alitas Monastery and who was leading the Hong Kong delegation, convened them to hear one of the OS interpreters speak about his job as interpreter. (Unfortunately, no questions were asked about due process or how or why OS existed. I did give each young person a copy of GV Sam’s,”Operation Streamline—an Overview” and they seemed very appreciative.)

NOTE: Dan Anderson did confirm that OS migrants come to OS in the morning from Border Patrol’s headquarters on Swan and Golf Links roads.
- Sara Busey

December 26, 2019 - 1:30 - 3:00 PM

Magistrate Judge Lynnette C. Kimmins, Prosecutor Dean Lynch, 15 defense attorneys, 2 simultaneous interpreters, 4-5 U.S. Marshals, Mexican Consulate Rep, and a few other court officials.

50 migrants were on the calendar today including 15 women. 11 of the women and 15 men were charged only with the misdemeanor of Illegal Entry (Sec. 8 1325). Three of the women were pregnant and were the only prisoners wearing no 5-point shackles. When migrants are arrested in the desert, they must choose which top to wear. Women have no place to change and wear bra and shirt but no jacket. The men chose between T shirt, sweatshirt, or jacket. This time of year it is not uncommon for people to chose a puffy jacket with nothing underneath.

This judge does not mention country of origin. Guatemala, Mexico and Cuba were mentioned today by attorneys as well as the Mam and Q’an’jobal languages from Guatemala and Mixteco from Mexico. From west to east, 11 people were arrested near Lukeville, 17 near Sasabe, 14 near Nogales, 1 near Naco and 4 near Douglas. Most migrants were arrested within a day of entering Arizona but three men entering near Sasabe and Lukeville spent 7-10 days in our cold, wet desert before arrest.

Judge Kimmins addressed the lawyers telling them that she had all requests for the Bureau of Prisons and asylum/CFIs on the minute record and she would not mention them in open court. They—the attorneys—could. There well may be more requests for asylum/Credible Fear Interviews (CFIs) than we heard in court.

2 people were dismissed without prejudice at the start of Streamline. They will not be deported but removed from the U.S. The other 24 migrants charged with 1325 were sentenced to ‘time served’ and deportation.

Meilys Rodriguez Diaz 19-39587MP (Atty Darlene Chavez) is one of the pregnant women and is requesting a CFI though this is not reflected in her I 213. Time served.

Catarina Chaguaj Garcia 19-39609MP (Atty Rodolfo Valenzuela) had a CFI request on her I 213 but now wants to go home and is withdrawing it. Time served.

Diana Rosas De Las Mer Barrios Forcade 19-39618MP (Atty Benjamin Aguilera) has a CFI request reflected on her I 213. Time served.

23 of the people charged with the felony of Illegal Reentry after Removal (Sec. 8 1326) were sentenced to 1,470 days of incarceration in federal prison—most likely a private Core Civic prison in Florence AZ. $157,000 of our tax dollars at work, including the tax dollars of some of the people sentenced here today.

Eufemia Narcizo Ferrer 19-39591M (Atty Darlene Chavez), a Mixteco speaker, was continued until 1/13/20 at 1:30 to await a Mixteco interpreter.

Observers: Zack, a visitor from a human rights organization in New York, and his daughter and one GV Sam.

Yuma Calendar contained 10 people including 2 with Chinese names.
- Katrina Schumacher

December 23, 2019 1:30 - 3:15 PM

Magistrate Lynnette Kimmins
17 Criminal Lawyers
Federal Prosecutor Curtis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey
Visitors: Susan Dirrim, Oxnard, CA

The 75 migrants had among them 51 re-entry who together were sentenced to an unusually high number of days, (2475) probably in privately owned Core Civic in Florence. No country of origin was given. Crossings occurred mostly near Lukeville, then Nogales, then Sasabe. Three entered through New Mexico and were stopped near Aqua Prieta. Two used false documents in an attempt to cross at a port.

Most were apprehended the same day, but one was out, probably in the desert in cold weather, for 21 days. Today’s migrants spent altogether 109 days free in the US before being caught or giving up and surrendering to Border Patrol.

Credible Fear:
Miguel Galvez-Llovera (19-39508MP) lawyer Rosemarie Valdez. A 1325 misdemeanor.

Yuma: 19 migrants, including 10 re-entry, one lawyer
- Sara Busey

December 18, 2019 1:30 - 3:00 PM

December 16, 2019 1:30 - 3:15 PM

Magistrate Maria Aguilera
17 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey
Visitors: One law student with Paul Breshears, Katharyn Kominiarek from Douglas & Lucy Nigh.

*New Policy: According to Dan Anderson, a new policy begins on Monday. Formerly re-entry migrants who had a misdemeanor (DUI, fender bender) on their record, would receive 75 days at Streamline. The new policy will send those upstairs where they could face 20 years.

Yuma: one migrant, one lawyer.

In Tucson Streamline the docket was full. Seventy-five , migrants, including 15 women, sat before magistrate Aguilera. Thirty-five were first-time crossers, 40 re-entry. Six were released without charge due to inability to comprehend neither English nor Spanish. One was continued for an interpreter. No place of crossing nor country of origin was given.

Most were apprehended the same day as they crossed, but a handful spent 8-12 days each in the desert during these cold nights. Altogether, the group spent 91 days in the desert before giving up to Border Patrol or being apprehended by them.

The re-entry migrants will collectively spend 1135 days, probably in a for-profit prison in Florence.

Credible Fear:
Adalberto Efrain Lemus-Portillo (19-39145MP) lawyer Patrick Doyle.
Adaimy Carmona-Figuerate (19-39183MP) lawyer Paul Breshears.
Lisandra Sucel Perez-Rosabal (19-39184MP) lawyer Cheryl Blum
Martha De La Caridad Diaz-Lay (19-39188MP) lawyer Samuel Washington. She is from Cuba.
Carlos Salazar-Perez (19-39163M) lawyer Juliana Ore-Girgon (Ruiz sitting on for her.)
Angel Jimenez-Aguilar (19-39196M) lawyer Jessica Ruiz, who said Angel had been separated from his wife (a minor) and child. The magistrate asked Ruiz to see her after court to discuss how to locate them.
- Sara Busey

December 11, 2019 1:30 - 2:20 PM (45 seconds per prisoner)

5-point shackles for all 45 people charged with a misdemeanor in the courtroom and later a group of 22 charged with a felony.

Magistrate Judge Bernardo Velasco, Prosecutor Greg Martin, 17 defense attorneys, 2 simultaneous interpreters, 3 U.S. Marshals, Mexican Consulate Rep and a few other court personnel

67 migrants were on the docket today including 10 women. 45 people were charged with the misdemeanor of Illegal Entry--Sec 8 1325--and 22 had the additional felony charge of Illegal Reentry after Removal—Sec. 8 1326. There was no information on those dismissed but of the other migrants 45 were from Mexico, 7 from Guatemala, 2 from Honduras, 2 from Ecuador and one from Brazil.

From west to east, 12 people were arrested near Lukeville, 15 near Sasabe, 16 near Nogales, 9 near Naco and 4 near Douglas. 37 migrants were arrested on the day they entered and 20 spent 89 days in the desert before arrest. Those entering near Lukeville and Sasabe have had longer times before arrest. It has been cold and wet and many people have already had time out on the land before entering Arizona.

Today, the guard at the courtroom door would not let us enter until after Streamline had started. The 9 people being dismissed were standing before the judge with their lawyers. Judge V. said later that most had been dismissed because they did not understand Spanish which usually means they were from Southern Mexico or Guatemala. One minor was dismissed with his parents.

Santiago Gallardo Julian 19-38912MP (Atty Alfred Islas) from Mexico was sentenced to time served and his 16 year old son was dismissed and will be returned to Mexico with his mother and father. His mother has a different last name and I’m not sure whether she was dismissed or sentenced to time served.

Rubens De Arruda Fialho 19-38931MP (Atty Paul Breshears) is Brazilian seeking asylum and requesting a Credible Fear Interview(CFI). This was the only request for a CFI mentioned in court today.

Benito Jacinto Garcia Ardon 19-38888MP ( Atty Jessica Ruiz) is withdrawing a request for a CFI stamped on his I 213.

Antonio Munoz Carrera 19-38915MP (Atty David Maldonado) was continued perhaps to await an interpreter but this took place before we were allowed in.

22 migrants had the felony 1326 dismissed and were sentenced to 975 days in federal prison for the misdemeanor of Illegal Entry (15X30, 7X75). They will likely serve their time in a private Core Civic prison in Florence and then be deported. This conviction as well as the simple ‘time served’ and deportation given those charged only with the misdemeanor will prevent them from seeking legal entry to the United States for several years. Although the calendar says No English for all this is not true. Many people do speak English, have worked here for years and have families here.

4 people were wearing new sets of gray sweats perhaps reflecting the bad weather we’ve had. Sometimes people are given prison scrubs to wear so this was an improvement.

Judge Velasco is known for his speed but this was a strange day. He had the full group of 1325s sitting in the courtroom but addressed and questioned the smaller groups he called in front of him. He started with a group of 7, then 8, 9, 11, 10 and 12. The last group with prisoners and attorneys was so crowded that an attorney was lost for a while.

Visitors: 3 women were here in Tucson/Green Valley to inform themselves about what is happening along our southern border. One GV Sam.

The Yuma Calendar had two pages today, almost all misdemeanors with one attorney for all.
- Katrina Schumacher

December 9, 2019 1:30 - 3:30 PM

Magistrate Rateau
17 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey
Visitors: None

The usual Monday full house after a weekend. Seventy migrants, including 27 first-time crossers and 47 re-entry, faced charges and convictions that criminalize them for crossing the border, either for the first or second time. Those criminal convictions will make it almost impossible for them to come back to the U.S. legally. One was dismissed at beginning of court, probably because he didn’t understand either English or Spanish well enough to be given due process. Three others had court appearances continued to a later date.

Country of origin was not mentioned. Where they crossed the border was. Most crossed near Nogales, many near Lukeville or Sasabe and a few near Douglas. None attempted to enter at a port using fake I.D. or by running through. Most were apprehended the same day, but collectively, some spent 82 days in the desert, probably during our recent cold, rainy period.

Credible fear:
Dayrielbis Fero-Ramirez (19-38770MP) lawyer Matiatos. 1325 charge.
Evelia Margarita Andres-Gregorio (19-38830MP) lawyer Miranda, 1325 charge.

Two Cubans complained they had asked to speak with their consul, but it didn’t happen.
Prosecutor Lewis asked the magistrate to give prison time to a first-time crosser because he had a prior 1325 in El Paso on 8/31/19, but his lawyer Goodman said it had been voluntary deportation, not a conviction, and Rateau declined.

One migrant asked the magistrate for another option than 75 days in prison. She said what he really wanted was to fix his immigration status and he would need to do that in Immigration Court.

Together, those sentenced to prison will spend 2289 days in Core Civic’s private prison in Florence.

YUMA OPERATION STREAMLINE
Nine migrants—8 first-time crossers and 1 re-entry
One lawyer

December 4, 2019 1:30 - 2:30 PM

December 2, 2019 1:30 - 3:00 PM

Magistrate Bowman
17 Criminal Lawyers
Federal Prosecutor Lewis
Two translators
Four Marshals
Mexican Consul

Samaritans: Sara Busey
Visitors: None

Another day in Tucson’s Operation Streamline, just one of the eleven OS’ along the U.S. border with Mexico. There are 2 in Arizona, 2 in California, 1 in New Mexico and 6 in Texas. The scene here is visual evidence of the administration’s “zero tolerance” policy that criminalizes all who attempt to flee violence, poverty, or re-unite with U.S. family. Some come for all three reasons.

Of the 75 migrants here today, 40 were first time-crossers and 35 re-entry. Because of the four-day holiday/weekend, 8 migrants were held beyond the 72 hour limit on detention. Bowman doesn’t state country of origin or where they crossed nor which port the 5 attempted to come through illegally, but it probably was DeConcini or Mariposa. Most were apprehended the day they crossed. However, a hand full, mostly re-entry migrants, spent 4-5 days in the desert prior to being caught/giving up.
An unusual number of women appeared in the docket: 14 first time crossers and 3 re-entry.

Lawyer Dan Anderson said his client had asked to have her consulate notify her family of her arrest, but it didn’t, and that she was never asked about credible fear. Another client asked to spend his prison time in southern Arizona to be close to his wife and three children who live in Phoenix.

Credible fear: all first-crossers.
Alicia Lopez-Hernandez (19-38379MP) from Guatemala. Lawyer David Valadez.
Cruz Martin-Chilel (19-38400MP) lawyer Doyle.
Andrea Candelaria Castro-Soto (19-38384MP) lawyer Jessica Ruiz.

Altogether, those 35 sentenced to prison, will spend 1800 days in prison, probably the for-profit Core Civic in Florence, AZ.
- Sara Busey

November 27, 2019 1:30 - 2:30 PM

Magistrate MacDonald
Federal Prosecutor: Lewis
13 Criminal Justice Attorneys
4 Marshals
2 interpreters

Visitors: Gail & Craig Corey, Sara Busey, GV Samaritans; Students from City High, Tucson.

All 47 defendants were seated in the court room as Magistrate MacDonald opened court. One was dismissed due to language comprehension issues, 13 were re-entry, and the rest first-time crossers.

MacDonald first read the rights to re-entry migrants, then the others. He took 10 at a time before the bench to individually question them, including asking if they were guilty, which they all said they were. No countries of origin nor border crossing points were mentioned, except one Cuban whose I-213 listed him as Mexican.
Four entered at a port, either running through the vehicle lane or on top of a train.

Most were apprehended the day before court. Others spent a total of 22 days in the desert with two evading Border Patrol for 8 days.

The 11 who accepted a plea bargain received 30 days each, together spending a total of 330 days probably in Florence, AZ at Core Civic for-profit prison.

Credible Fear: Francisco Javier Avila-Banuelos (19-38299MP), lawyer Maldonado, requested a credible fear interview. Hopefully, he will receive one from Immigration agent before he is shipped either over the border tonight (if he is from Mexico) or put on a plane to his country.

- Sara Busey

NOTE: I may have been mistaken on the above credible fear request. (The 10 defendants were cramped together.) It could have been Raul Graces Diaz (19-38300MP) lawyer Alejandro Munoz instead. Sorry!

YUMA OS: Four defendants with Asian names with 1 lawyer.

November 25, 2019

Magistrate Judge Bruce G. MacDonald, Prosecutor Lewis, 16 defense attorneys, 4 US Marshals, 2 simultaneous interpreters, Mexican Consulate Rep and other court personnel

74 migrants, asylum seekers and probably some long time US residents were on the calendar today including 11 women. 39 people were charged with the misdemeanor of Illegal Entry, Sec. 8 1325, and 35 had the additional felony charge of Illegal Reentry after Removal, Sec. 8 1326. The entire misdemeanor group was seated shackled in the courtroom and they were advised by the judge together. BUT FIRST 8 migrants were dismissed and one continued. We do not hear information about those dismissed but it is usually because they speak an indigenous language and their offense is so minor that the government does not want to seek an interpreter. Other reasons might be that a migrant is underage or seems to have unusual difficulty understanding the concepts involved in the hearing. These people will be removed from the US as soon as possible—Mexicans will go to Nogales today and others will have to wait for a plane going south.

Victor Rodriguez Sabino 19-38119M (Atty Patrick Doyle) was continued to await a Mixteco interpreter until 12/11 at 3:00.

Judge MacDonald advises the whole 1325 group and calls groups of 10 before him with their attorneys to answer 4 questions each; 1) Do you understand the rights you are giving up, the charges against you, the consequences of pleading guilty and your right to appeal? 2) Are you pleading guilty voluntarily? 3) I understand that you are not a citizen of the United States and that on November ___ you entered Southern Arizona from Mexico without permission and not through a port of entry; is that true? 4) How do you plead? All those charged with 1325 only will be deported today if they are Mexican or will wait in a detention center until a plane is ready to deport them. This can be more of a problem to Mexicans seeking a Credible Fear Interview, the first step in asylum, as they must ask for asylum from immigration officers before being deported.

CFI requests
Jonnathan Anibal Suconota Quituizaca 19-38116MP (Atty Rosemarie Valdez) is seeking a CFI. A relative was on the calendar before him but was not put on the record.

Janier Rosales Quintana 19-38117MP (Atty Bert Vargas) from Cuba is seeking a CFI and his I 213 reflects this. I was told that Cubans cannot be deported at this point. This man was sentenced to ‘time served’ so I am not sure what is next for him.

Christopher Gomez Lopez 19-38172MP (Atty George Soltero) is requesting asylum which is not reflected on his CFI. He fled Guatemala after his family was subject to extortion and two member of the family had been killed. He was traveling with his mother and sister but became separated from them and so far does not know where they are. His lawyer is contacting the Florence Project and trying to find his relatives.

Yorkier Cobas Gonzalez 19-38180MP (Atty Margarita Bernal) is requesting asylum. He has a copy of his I-213 reflecting this and his lawyer asked that he be allowed to keep it with him (The judge may recommend this but the marshals have not been allowing migrants to carry paperwork from court.

There were no CFI requests from the group having the additional felony charge. 32 migrants had the felony dismissed and were sentenced to 1500 days of incarceration most likely in a private Core Civic federal prison (21X30, 3X60, 5X75, 3X105),

Countries mentioned today were Mexico, Guatemala, Ecuador and Cuba. Languages put on the record as a migrant’s first language included Mixteco Tzotzil, Tlapaneco and Mam—all from Southern Mexico and Guatemala.

This judge only gives the date of entry during the hearing. 28 people were arrested on the day they entered Arizona. 5 were attempted entries in Nogales, 3 by freight train. 3 migrants spent 15 day on the land before arrest and 34 spent a total of 76 days in the desert prior to arrest. This time of year when it is getting colder outside the courtroom looks sadder than ever. When men are arrested by the Border Patrol they must choose one top to wear. It might be a T shirt, a shirt with long sleeves or a jacket but they can only keep one. Jackets are usually the most expensive and may come in handy after release but look so uncomfortable in court with no shirt underneath.

Visitors: Nancy Rose who has been volunteering with Alitas and getting other border experience and one GV Samaritan
- Katrina Schumacher

November 20, 2019

1:30 - 2:20 PM
Magistrate Velasco
Federal Prosecutor—new. He wouldn’t tell me his name! (I did ask politely.)
11 Criminal Justice Attorneys
4 Marshals
2 interpreters

Visitors: 1 Tucson Samaritan, Greely CO church group with Border Links, Lois Martin

Seventy-five migrants, 45 of whom were first time crossers, came before Magistrate Velasco. There were none excused due to lack of English or Spanish comprehension. Five were women.

Velasco has all first time crossers in the courtroom at once, calls up 8-10 at a time to hear their charges and rights. He next takes each one individually, spending 17-20 seconds per migrant. Those who re-entered were ushered in next with the same routine occurring.

The overwhelming number of migrants were from Mexico with just a few each from Guatemala, Honduras, Ecuador and El Salvador. Possibly this is due to the “virtual wall” Mexico has built with hundreds of national guard agents along Mexico’s southern border to keep out citizens from countries further south. Most entered near Nogales.

No credible fear requests. No one spoke except one man who said he wanted to apologize for breaking U.S. law. He wanted “no further problems with this country,” and would not be coming back.
Magistrate Velasco said, “You don’t have to apologize. I hope things go well for you in your country.”

Velasco spoke with visitors after court as is his custom.
- Sara Busey

November 18, 2019

1:30 - 3:20 PM
5-point shackles on all prisoners

Magistrate Judge Eric J. Markovich, Prosecutor Lewis, 17 defense attorneys, 2 simultaneous interpreters, 4 US Marshals, Mexican Consulate Rep and a few other court and security personnel

75 migrants were on the calendar today including 8 women. Some were requesting asylum and some likely have been long time US residents. 43 people were charged with the misdemeanor of Illegal Entry, 1325, and 32 had the additional felony charge of Illegal Reentry after Removal, 1326. This judge does not mention country of origin. From west to east, 8 migrants were arrested near Lukeville, 1 near San Miguel, 24 near Sasabe, 23 near Nogales, 1 near Naco and 9 near Douglas. 5 were attempted entries. Most people were arrested within a day of entry. Those entering near Lukeville and Sasabe spent 55 days in the desert before arrest.

5 migrants were dismissed without prejudice at the start of proceedings and the prosecutor asked that 2 be continued.

Sandra Marisol Hernandez Vasquez 19-37760MP (Atty Bert Vargas) decided to accept the plea and not continue to a separate trial. She is asking for political asylum and her I-213 reflects this.

Julio Cesar Perez Ruiz 19-37765M (Atty Ore-Firon for Homero Torralba) was continued until 12/5/19 at 11:00 to await a Tzotzil interpreter. Mr. Lewis said that Mr. Perez had two prior entries had been in this courtroom earlier this year. He wanted him to be sentenced for Reentry. His attorney asked to have the case dismissed as her client had not had the services of an interpreter.

This judge advises the whole, shackled, misdemeanor group and later the whole felony group. He calls groups of 4, 5, 6, 7, or 8 to the bench with their attorneys with an effort to get to the bottom of each page of the calendar. He asks 5 questions of each migrant individually. He puts requests for Credible Fear Interviews or Bureau of Prisons requests on the record himself if the lawyer has not done this.

Victor Javier Morocho Orellana 19-37748MP (Atty Patrick Doyle) is requesting a Credible Fear Interview (CFI).

Greicy Rosibel Paz Ramirez 19-37752MP (Atty Nicholas Bischoff) requests a CFI.

Other issues:

Yukiel Paola Nieto 19-37783MP (Atty Jessica Ruiz) spoke very fluent English and answered questions in English.

A few indigenous languages were put on the record including Tzotzil, Mixteco, and Triqui, all from Southern Mexico. A first language other than Spanish or English is put on the record because lack of understanding the language spoken in court would be a real barrier to due process. The judge, prosecutor and attorney may agree on dismissal if lack of understanding seems profound. If language issues are in the court records they also may be used at a later date.

30 prisoners charged with Reentry, had the felony dismissed and were sentenced to 1,650 days of incarceration in a privately run federal prison (15X30, 2X60, 13X75, 1X105).
These sentences are lower than in the past when people with multiple reentries were sent through Operation Streamline. The government wanted the Tucson court to increase the number going through Streamline. When they refused, migrants with multiple arrests for reentry were sent to individual trials in Tucson federal criminal court. This allowed an increase in the number of migrants going through this criminal process and a great deal more expense.

Visitors: One freelance reporter from Berlin and one GV Sam
- Katrina Schumacher

November 13, 2019

Magistrate Velasco
Federal Prosecutor Curtis Smith
11 Criminal Justice Attorneys
4 Marshals
2 interpreters
Mexican Consul

Visitors: Gaby Smith, Kino volunteer from Cleveland; church group from D.C.

Of the 62 migrants before Magistrate Velasco, 30 were first time crossers and 32 crossed at least for a second time. One was dismissed because he couldn’t understand Spanish and no interpreter was available for his native language. Most were apprehended the day they crossed, but a few were out in the desert over 6 days. Nogales, followed by Lukeville and Sasabe, were the most popular crossing areas. At least ½ were from Mexico but there was 1 from Cuba, 12 from Honduras, 5 from Guatemala and 2 from Ecuador.

Together, the re-entry group will spend 1180 days in prison, most likely in CC’s private prison in Florence, AZ. All 61 will leave OS with a criminal conviction on their record whether or not they spend time in prison, making any effort to return legally to the U.S. almost impossible.

ASYLUM
Ricardo Estrada Gonzalez (19-37505MP), Lawyer Bischoff. From Cuba, Ricardo spoke at length to the court about his family’s history of opposition to the Cuban government. His grandmother was questioned at length due to her sister having left Cuba and he had been a victim of slave labor.

Clara Luz Suchite-Lopez (19-37547MP) Lawyer Castillo-Reina.

Jorge Quirino-Gabino (19-37549MP) Lawyer Lacsamana. Credible fear noted on I-132 form.

Angelica Janeth Bueno-Reyes (19-37559MP) Lawyer Portillo. From Honduras, Angelia requested a credible fear interview and cancellation of removal, and to be processed with her husband Bryan (19-37578MP)

Robert Misael Ordonez-Baca ((19-37583MP) Lawyer Bischoff. Robert is from Honduras. His uncle was murdered in his presence and was threatened when he appeared at the police station to testify as a witness. He had copies from the court and an audio tape of the threat to kill him.

All of the above were first time crossers.

Velasco spoke to visitors after court.
“Any unshackled defendant in court must have 2 marshals. The government doesn’t want to pay for that.”
“Is OS a deterrent?” “No criminal court can override a migrant’s economic need.”
“OS lawyers have no further contact with defendants once they leave OS.”
“The reason for private prisons is that Congress figured out public employees don’t give to their election campaigns.”
- Sara Busey

November 6, 2019

Magistrate Velasco
Federal Prosecutor Curtis Smith
11 Criminal Justice Attorneys
4 Marshals
2 interpreters
2 Mexican Consul representatives

Visitors: 3 U of A students; class from Northern Arizona University; Dick & Jacob Mayer, Sara Busey
A full house with 75 migrants, 48 of whom were first time crossers and 27 re-entry. Three were excused due to lack of interpreters and two had their cases continued. Most were from Mexico , 8 from Guatemala, 3 from Honduras and 1 from Ecuador. Most crossed near either Nogales or Lukeville and were apprehended quickly. Those sent to prison will spend together 1170 days in probably private prisons.

Juan Antonio Bautista-Mendoza (19-37194P), lawyer Maldonado expressed a credible fear of returning to his country, Mexico. However, he will be on a bus back to Nogales tonight and will have little chance to request an asylum interview prior to that.

Velasco spoke to visitors:
“If you are retired, why are you here?” “I fill in once a week for several magistrates as the emotional stress is too hard for them to do 5 days of OS in a row.”
“Is OS an effective deterrent?” “Our immigration system is a problem. Even if it doesn’t work, we keep on doing it.”
“How can we change OS if we don’t like it?” “Go out and seek converts, then vote in candidates who think like you do.”
“Should more people come to witness OS?” “Only if it will motivate them to do something!”
“Why are those seeking asylum prosecuted?” “A credible fear is not a defense to entering illegally.”
Other comments by Velasco: “Due process means: 1. giving notice of the offense, 2. opportunity to be heard. It isn’t the same as justice.”
“My first priority is to bring home veterans who defended us, came back with a drinking or PSD and were deported. Also DACA. These come first in my mind before these resent migrants in OS.”
“Federal v. private prisons? One is temporary, one permanent. What do you want to pay for?”
-Sara Busey

November 4, 2019

1:30- 3:45 PM
5-point shackles on all migrants

Magistrate Judge Lynnette C. Kimmins, Prosecutor Lewis, 17 defense attorneys, 4 US Marshals, 2 simultaneous interpreters, Mexican Consulate Representative, a few other court personnel

75 migrants were on the calendar today including 8 women. 19 were charged with the misdemeanor of Illegal Entry (1325) and 56 migrants had the additional charge of Illegal Re-entry after Removal (1326). 30 people were arrested the day they entered Arizona and 38 spent 121 days in the desert before arrest. From west to east, 30 migrants were arrested near Lukeville, 17 near Sasabe, 17 near Nogales, 1 near Naco and 3 near Douglas.
Information for those dismissed or continued is not given in court and this judge does not mention country of origin.

4 migrants were dismissed at the beginning of Streamline. This is usually because she or he speaks an indigenous language and the offense is so minor not to warrant waiting for an interpreter. Zapotec and another language I did not get were mentioned. Another young man was dismissed at the end and his records sealed probably because he is a minor.

2 people were continued to await a Nahuatl interpreter.
Felipe Romero Cantu 19-37014M (Atty Daniel Anderson) was continued until 11/21/19 at 1:30 as was..

Mariana Campos Hernandez 19-37075M (Atty Daniel Anderson)

Sergio Apodaca Ruiz 19-36981M (Atty Daniel Anderson) refused to plea and had his initial hearing to advise him of the charges. He will be tried on the felony with the misdemeanor of 1325 dropped. I did not hear a date.

Judge Kimmins addressed the lawyers, telling them that all requests for the Bureau of Prisons or Credible Fear Interviews were on the minute record and she would not repeat them in court though they could. No attorneys had CFI or BOP requests.

Judge K. had 16 shackled migrants in the courtroom at any one time. She called 8 to the bench with their lawyers, advised them and asked each 5 questions individually.

Other issues

Karina Sanchez 19-37072MP (Atty Sam Washington) was seen at the end of the calendar. She was arrested in the gas station north of the Lukeville Port of Entry on November 2nd. She is refusing to plea as she did not cross the border and has paperwork and permission to be here and to work. Her lawyer said she is transgender and was brought here some time ago. She had another A# under which she had her preliminary asylum and permission to work. She had been given another A# when she changed her name.
Her attorney wanted her released or at least released while this is sorted out. Mr. Washington has talked to her lawyer in California. She has no allegations of violence or firearms that would warrant her being held. She also was wearing a clean white shirt and white sneakers making it seems unlikely she was crossing the border through the desert. He asked that Atty Breshears take a photo to show her appearance. That caused the marshals to say that no photos were allowed in the courtroom and a delay to get permission.

Prosecutor Lewis said she might have changed her clothes since her arrest 2 days ago and that there was no proof that the paper work she had referred to her as it was another A# . He wanted her held. She also has a severe medical condition and needs her meds which she has not had since her arrest.

Mr. Washington said that the conditions of her case would have been obvious in a regular court but with 74 defendants the facts were obscured. Her detention hearing is on Wednesday November 6 at 3:30 in front of Judge Kimmins. A bench trial was set for 11/21 at 10:00 but may depend on what happens on Wednesday. Mr. Washington was impressive.

49 migrants were sentenced to 2,850 days of incarceration in a federal prison. Most migrants will be in a Core Civic private prison in Florence AZ. This is close to 8 years of lost family life and income and a cost of almost $300,000 to taxpayers, some of whom were defendants in court today.

Observers: A small group from the Kino Border Initiative, 2 women from the Stop Streamline Coalition, Matthew a UCC Pastor from Cleveland OH and one GV Sam.
- Katrina Schumacher

October 30, 2019

Magistrate Maria Aguilera
Federal Prosecutor Lewis
11 Criminal Justice Attorneys
4 Marshals
2 interpreters
Visitors: 22 Minnesotans from various churches, 2 UA students, 6 Catholic lay associates from Sisters of Saint Agnes, Font Du Lac, WI.

Magistrate Aguilera is new. She spoke clearly and directly to each of the 73 defendants, asked counsel if they had questions, noted requests for asylum on the record.

However, she made a mistake. (Which she admitted.) Lewis stated at the beginning of court he wished to speak about 2 women defendants. When the first came up, Aguilers gave her time served without acknowledging Lewis. The prosecutor then told that Luz Marina Herrera-Funes and Yesly DinoraHerrera-Martinez had appeared at a port of entry and presented themselves as mother and daughter. The DNA test proved that they were instead aunt and niece. Because Border Patrol had spent 4 days on this evasion, Lewis recommended they be given a more severe punishment than time served.

Immediately Luz’s lawyer Alejandro Munoz spoke up: “That would be double jeopardy.”

Aguilera kept the time served sentence. When Luz’s niece came before her, two lawyers argued she deserved the same time as Luz. Time served.
(I said to Munoz after court, “Quick thinking!” He said, “I attended that class.”)

Asylum
Jose Manuel Rodriguez-Mendez (19-36789MP) lawyer Ore-Giron noted his request was on the I213.
Pablo Antonio Gonzalez-Gomez (19-36796M) Lawyer Blum.
Another request, but I didn’t catch for whom.

Of the 73 migrants, 7 were dismissed, 45 were first time crossers and 21 re-entries. The latter will spend a total of 825 days in the private prison in Florence, AZ. Migrants spent a total of 126 days probably in the desert with one man out 2 weeks, another 7 days.

After Court
Aguilera took questions from the Minnesotans after court.
“Why don’t you tell the nationality of migrants?” “I am new and am following the procedure of older magistrates.”
“When do they get their property back?” “Property is returned to those who have sentences 30 days or less, supposedly.”
“Do those who seek asylum have a lawyer after Streamline?” “Their lawyer in Operation Streamline follows them to prison. Those from Central America wait in Eloy for a full plane back to their country both after time served and prison.”
“If requesting asylum is legal, why do some need to go through Streamline and leave with a criminal record?” “Those who enter between ports of entry have broken a law before they were apprehended and requested asylum. They will be charged with a crime. Not those who go through a port.”

Samaritan Discussion
The Minnesotans requested that I tell about Samaritans and we met out in the courtyard. We discussed the origin, mission and current activities of both Tucson and Green Valley Samaritans. They knew about Scott Warren, are following his new trial and asked if his conviction won’t reflect on the work Samaritans do. The answer is “yes.”

Sara Busey

October 28, 2019

1:30-2:15 PM
36.5 seconds per defendant
All in 5-point shackles

Magistrate Judge Bernardo P Velasco, Prosecutor Lewis, 16 defense attorneys, 3 US Marshals, 2 simultaneous interpreters, No Mexican Consulate Rep, a few other court personnel

74 migrants were on the docket today including 7 women. 27 were charged with the misdemeanor of Illegal Entry (1325) and 47 had the additional charge of Illegal Re-entry by an Alien after Removal (1326). 12 migrants were from Guatemala and most of the rest from Mexico. 6 people were dismissed or continued which may well mean that they are from Central America but we don’t get that information. From west to east, 14 people were arrested near Lukeville, 22 near Sasabe, 23 near Nogales, 2 near Naco and 7 near Douglas. 31 migrants were arrested on the day they entered Arizona and 37 people spent 86 days in the desert before arrest.

Two people were dismissed at the beginning of Streamline, 2 K’iche and Ixil? Speakers were continued to await interpreters who usually attend the hearing by phone and one man was continued because he was unsure about the proceedings.

Johny Efren Rizo Garcia 19-36602MP (Atty Bert Vargas) was first on the docket and as Judge Velasco asked him if he pleaded guilty said that he didn’t know what it was to plead guilty or not guilty because he wanted to ask for asylum. The judge cut him off and told him to talk to his lawyer and come back on November 4 at 1:30. He will request a Credible Fear Interview.

Fernando Espinosa Lopez 19-36620M (Atty Chris Kilburn) refused the plea bargain and was continued for a trial on the felony 1326. I did not get the date.

Judge Velasco has all the misdemeanor group in the courtroom but calls 7,8 or 9 at a time to address and question. He put all the requests for asylum on the record himself.

Byron Yobel Galdamez Lopez 19-6608M (Atty Isabel Amsel) from Guatemala will be requesting asylum when he completes his 30 day sentence.

Alfredo Sotelo Cabrera 19-36652M (Atty Jay Sagar) from Mexico will be seeking asylum after serving his 75 day sentence.

44 migrants were sentenced to 2,280 days of incarceration in a federal prison for the crime of Illegal Entry. Most of this will be served in a Core Civic private prison in Florence AZ. That’s more than 6 years of family separation and loss of family income at a cost to taxpayers (including some of these defendants) of a quarter of a million dollars.

Observers: Lois Martin with 5-6 month-long No More Deaths volunteers, a group of 4 dividing time between OS and a development in the upcoming Scott Warren retrial. One GV Sam.
Judge Velasco came back briefly to tell us that if we didn’t like what we see—VOTE and change it.

Katrina Schumacher

October 23, 2019

1:30 - 2:20 PM
Magistrate Velasco
Federal Prosecutor Curt Smith
2 Interpreters
6 Marshals
16 lawyers
Mexican Consul
Visitors: 3 distinguished folks who left after 5 minutes, Sara Busey

A smaller docket today. Only 62 migrants: 44 first time crossers and 18 re-entry. Four were dismissed, probably due to a lack of interpreters, to return to their countries without any conviction. Ten women were among those sitting before Magistrate Velasco, who seems to be filing in for other magistrates on Wednesdays.

A large number (38) of migrants were from Mexico), twelve from Guatemala, and five from Honduras. Many crossed near Nogales (one on top of a train), 14 near Lukeville, 10 near Sasabe, 7 near Douglas, 3 near Naco, 1 near Three points, and 1 near Newfield.
Velasco read their rights to each group of 6-10. No one asked to speak, either a migrant or a lawyer.

CREDIBLE FEAR
Jose Ricardo Gutierrez-Rivas (19-36405MP). His lawyer Grace Goodman asked for help in locating Jose’s sister and 2 children who are in custody so she can collaborate his story in his credible fear interview. Velasco said he would make note of that request.

Orlin Eduardo Mayorquin-Mejia (19-36414MP). Lawyer Hugo Reyna (FPD).

Ricardo Juan-Pedro (19-36431MP). Lawyer Alejandro Munoz noted it was not in his 312 file.

Those who received prison sentences will spend all together 870 days, probably end up in Central Arizona Correctional Facility, a private CoreCivic prison, in Florence, AZ. at a cost to taxpayers of $89,610. (Years ago these same folks would have been turned back to Mexico without criminalizing them or costing US taxpayers $89,610. Who has benefited from this Zero Tolerance policy?

YUMA OPERATION STREAMLINE: 10 migrants, 1 lawyer.

- Sara Busey

October 21, 2019

1:40 - 3:15 PM
SHACKLES ALL AROUND EXCEPT ONE PREGNANT WOMAN

Magistrate Judge Jacqueline M. Rateau, Prosecutor Lewis, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters, and a few other court personnel—no Mexican Consulate Rep

75 migrants were on the docket today including 8 women. One was ‘not transported ‘ and dismissed in absentia. 36 migrants were charged with the misdemeanor of Illegal Entry (1325) and 39 had the additional felony charge of Illegal Re-entry after Removal (1326). 32 people were arrested the day they entered Arizona and 38 spent 68 days in the desert before arrest. 2 migrants entering near Douglas spent 10 days before arrest and 3 who entered near Sasabe spent 13 days. From west to east 13 people entered near Lukeville, 22 near Sasabe, 21 near Nogales (6 attempted), 7 near Naco and 5 near Douglas.

This judge does not mention country of origin but languages mentioned during the hearing included Nahuatl, K’iche X 3, Chuj and Kaqchikel (?) from Southern Mexico and Guatemala.

4 people were dismissed at the start of the proceedings. This is usually done for lack of fluency in Spanish and when the charge is not grave enough to warrant getting an interpreter for an indigenous language. One person was continued.

Melissa Lizeth Padillla Mejia 19-36251MP (Atty Bert Vargas), an unshackled, pregnant woman, was continued until November 6th at 2:30.

Judge Rateau advised the entire 1325 group and then called 7 at a time to the bench with their attorneys and asked each 4 questions. She seems to have had an epiphany. Her MO for the past few years has been to ask a question of the first person in front of her and then just go down the line of 7, 8, 9, or 10, and say, you Mr. X, and you Ms. Y? The penultimate question she would ask was a generic, ‘Is it true that you are not a citizen of the United States and sometime during the last two weeks you entered Southern Arizona from Mexico without inspection at a port of entry?’ Today she had 7 at a time in front of her and questioned each individually stating date and location of entry into Arizona. Very different for her and a big improvement.

Credible Fear Interview/asylum requests

Marjorie Johanna Pando Huanga 19-36213MP (Atty Patrick Doyle) attempted entry on a train and will be asking for a CFI. Time served.

Other issues

Carolina Aparicio Aparicio 19-36244MP (Atty Gregory Solares) was in pain from one of the ankle shackles and had that adjusted by a marshal.

Estefany Morales Rios 19-36233MP (Atty Jessica Ruiz) is an English speaker. She did not wear earphones and answered in English. She is not requesting a CFI but will be contesting her removal. Time served.

Manuel Lopez Lopez 19-36212M (Atty Chris Kilburn) spoke an indigenous language and seemed to have difficulty with the questions despite being seen alone after sitting with his lawyer during part of the proceedings. He was continued until November 14 at 11:15 to await an interpreter.

Daniela Mateos Ramirez 19-36241M (Atty Raul Miranda) was here in September held as a material witness and was deported on October 3. At that time the 3,000 pesos ($50) she had entered with were not returned to her. She would like to have the money returned when she finishes her 30 day sentence. Her lawyer had contacted the Swan/Golf Links center and is putting this in the record. She requested to be incarcerated in the same prison as her husband Luis Ruiz Martinez—also sentenced to 30 days.

Jose Manuel Barocio Ortiz 19-36248M (Atty Joel Parris) had his property taken on arrest including his medicine. He missed a dose last night and needs medication. He was advised to ask for his meds when he gets to detention and it will go in the record. 75 days.

Abilio Lopez Mejia 19-36321M (Atty Corey Simon) was wearing a sling but no mention of why. 75 days.

37 migrants were sentenced to 2,055 days of incarceration in federal prison (19X30, 16X75, 1X105 1X180)—most likely the private Core Civic prison in Florence AZ.

Observers: Lois Martin from No More Deaths with a group of 12 from Denver area churches spending a week at Borderlinks. A group of 20+ journalism and anthropology students from the UofA who left early. One GV Sam.
- Katrina Schumacher

October 16, 2019

Magistrate Velasco
Federal Prosecutor Smith
16 criminal justice attorneys
4 Marshals
2 interpreters
Visitors: Sara Busey, Green Valley Samaritans and Sheila Moussari and Ceyla Saleh from Tucson Samaritans.

Retired magistrate Velasco presided over 67 migrants today. Forty-one were first time crossers (1325) and 26 re-entry ones (2316). Eight were excused at the beginning of court to return to their home countries without criminal charges, probably due to a lack of interpreters for the mainly indigenous speakers.

All 67 migrants were seated in the courtroom at the beginning of court. All were shackled at feet and hands, all lacked belts and shoelaces and appeared to be dressed in the same clothes they wore when crossing the border. All had headsets to hear the proceedings in Spanish. Consequently, there were no extra headsets for us, making it very difficult to hear Velasco, who is known to mumble, or the lawyers.

The 1325 migrants pleaded “guilty” to crossing without proper documents and will be returned to their country tonight if they are Mexican. Others must wait in detention until a plane is full enough to fly to Central America. The 1326 migrants will be sent to prison to spend from 30-180 days. If they are lucky, they will receive their belongings, which were taken by Border Patrol at apprehension, upon release. Both groups leave with a criminal record, making it almost impossible to re-enter the U.S. in the future legally.

My best guess is that most migrants were from Mexico, except 3 from Guatemala, and 1 each from Costa Rico, El Salvador and Honduras. Most entered near Lukeville, some near Sasabe, and a few each near Nogales and Douglas.

There were no credible fear requests for asylum.

Together the 26 who re-entered will spend 1020 days in Central Arizona Correctional Facility, a private CoreCivic prison, in Florence, AZ.

Magistrate Velasco spoke briefly with visitors, but said he had no idea why the numbers at OS are down, other than its fall and they usually drop about now.

Yuma Operation Streamline: 3 migrants with 1 lawyer.

Sara Busey

October 7, 2019

1:30 - 3:00 PM
5-point shackles on all migrants—no belts, no shoelaces and the clothes you were arrested in.

Magistrate Judge Bruce G. MacDonald, Prosecutor Lynch, 17 defense attorneys, 6 US Marshals and other security, 2 simultaneous interpreters, a Mexican Consulate rep and a few other court personnel. The Guatemalan Consulate representative was here in the morning.

74 migrants were on the calendar today including 6 women. 35 people were charged only with the misdemeanor of Illegal Entry (1325) and 39 had the additional charge of Illegal Re-entry after Removal (1326). 24 migrants were arrested on the day they entered Arizona and 50 spent 106 days in the desert before arrest—almost all between one and three days. This whole process of pursuit and arrest involves many Border Patrol officers in the bush with accompanying helicopters, 4 wheel drive vehicles, vans and buses and many more CPB personnel processing those migrants arrested. This group of migrants going to Streamline are only part of the total apprehended at the Arizona border each day and not the largest part.

This judge does not mention the country of origin or the area in Arizona where a migrant entered. He also tells the attorneys that he has all requests for Bureau of Prisons and Credible Fear Interviews (CFIs) on the record and there is no need to repeat them. The requests for a CFI—the first step in the asylum process—listed below are probably not the only ones. Countries mentioned during the hearing included Brazil, Guatemala, Honduras and Mexico. Languages mentioned included, Nahuatl, Mam, Ki’che, Totonaco from Southern Mexico and Guatemala, and Portuguese, Two defendants who have probably been long time US residents spoke English and did not wear their headphones. A couple of others started to answer in English but were told to answer in Spanish as they were wearing headphones and ‘using’ the services of an interpreter.

Judge MacDonald advised the entire 1325 group of 35 together and then called groups of ten before him with their lawyers to ask each four questions (yes, yes, yes, guilty). They were all sentenced to ‘Time Served’ and deportation.
He did the same with the 1326 group, dismissing the felony and sentencing each to between 30 and 150 days in a private federal prison.

CFI Requests

Mauricio Junio De Lima 19-35600MP (Atty Raul Miranda) from Brazil did not speak Spanish. He was dismissed rather than wait for a Portuguese interpreter and did intend to ask for a CFI. He will probably have to wait at a detention center for a charter plane deporting migrants south. He may have more opportunity to request asylum from immigration than those from Mexico wanting asylum and being deported today.

Laura Ibeth Galvez Lopez 19-35590M (Atty Patrick Doyle) is requesting a CFI. 30 days.

Other Issues

Julio Martinez 19-35606MP (Atty Jessica Ruiz) is withdrawing a CFI request and would like to be deported by Mexicali. The judge grants these requests but said later that these are only requests and are ultimately up to the Bureau of Prisons.

A father and son were on the calendar today. The son, charged with 1325, got time served. The father, Nicolas Serrano Morales 19-35630M (ATTY Isabel Amsel), had been charged with 1326 but was also given time served and allowed to sit and talk to his son in the courtroom.

39 migrants were sentenced to 2,010 days of incarceration at a privately run federal prison. They will most likely go to a Core Civic prison in Florence AZ. That’s 5 and a half years of separation and loss of income to migrant families and about $250,000 in tax payer dollars for one day in the Tucson Sector of our southern border.

Observers: A group of 12 from a UU church in Reno NV with Natalie from Borderlinks and a group of 4 visiting musicians from Argentina with GV Sam Randy from the Good Shepard UCC in Sahuarita AZ

Judge MacDonald came to talk to the group after court and took some good questions. One that is often asked is, ‘Do you enjoy your work?’ which sparked a discussion then and later of what would you do instead? Judge M. said the purpose of the Justice system is threefold; deterrence, rehabilitation and retribution—do you think that OS fulfills those purposes? Judge Velasco often comments, ‘We are really good at retribution but that’s it.
How do you resist as an individual or a group in a way that will make a difference.

Katrina Schumacher

September 30, 2019

1:30 - 2:55 PM
5-Point Shackles All Around

Magistrate Judge Eric J. Markovich, Prosecutor Christopher Lewis, 16 defense attorneys, 6 US Marshals and other security, 2 simultaneous interpreters and a few other court personnel

75 migrants/refugees and at least one long time resident were on the calendar today including 7 women. 31 people were charged only with Illegal Entry (1325) and 44 had the additional charge of Illegal Re-entry after Removal (1326). 49 migrants were arrested on the day they entered Arizona and 23 people spent 52 days on the land before arrest. From west to east, 12 migrants were arrested near Lukeville, 14 near Sasabe, 26 near Nogales, 6 near Naco, 12 near Douglas and one woman was ‘FOUND’ in Tucson after entering Arizona in October of 2009.

Martha Patricia Garcia Espinoza 19-35258M (Atty Rosemarie Valdez) entered Arizona from Mexico in October of 2009 and was ‘found’ in Tucson on September 27. She has a family and children here. 75 days. Ms. Valdez sat with her in the prisoners’ section until she was called during the 1326 hearing.

Judge Markovich advises the whole 1325 group who are seated in 5-point shackles as we enter. He then calls 7 or 8 people at time with their attorneys to answer 6 questions each. They are (more or less);
1) Are you thinking clearly and pleading voluntarily? 2) Do you understand the charges and the maximum penalty? 3) Do you understand the consequences of pleading guilty and your trial rights? 4) Are you willing to give up these rights and plead guilty today? 5) Is it true that you are not a US citizen and that on ____ you entered the US near (Nogales) without permission? 6) How do you plead?

Of all the judges, this judge seems the most clear in his advisement and questioning. He also puts requests on the record for asylum or Bureau of Prisons if the attorney doesn’t. After each group of 7 he asks if counsel has anything further.

There were 4 requests for Credible Fear Interviews (CFI) among those charged with the misdemeanor and one from the 1326 group.

Galo German Manobanda Nacipucha 19-35228MP (Atty Corey Simon) . The Judge put his CFI request on the record. Time served.

Milagro De La Paz Nolasco Quinteros 19-35253MP (Atty Kevin Lerch). Her request for a CFI is on her I 213 but they want it on the minute record. Time served.

Erika Morelia Ortiz Villalta 19-35254MP (Atty Vincent Lacsamana) from Ecuador is requesting a CFI. Time served.

Esau Andres Garcia Hernandez 19-35290MP (Atty Vincent Lacsamana) has a CFI request in his I 213. Time served.

Luis Barraza Atondo 19-35286M (Isabel Amsel) from Mexico has received death threats and fears for his safety if he returns to Mexico. He does want a CFI which is not reflected on his I 213. Ms. Amsel sat with someone in the visitor’s section who I believe was a relative or support for Mr. Barraza. Ms. Ruiz also had a relative/supporter for a client with whom she sat before and during court. 30 days.

Those Mexicans sentenced to Time Served requesting a CFI have very little time to make their wishes known as they will be deported today and must ask for asylum from an immigration official. It is hard to know what will happen as things stand now. Asylum seekers from other countries have a bit more time as they need to wait for a charter plane to deport them to their country. Mr. Barraza who will be serving 30 days in Florence has a chance of getting some legal aid while in prison there.

Other Issues.

Fabio Alexander Hernandez Ordonez 19-35235MP (Atty Jessica Ruiz) had mistakes on his
I 213. He is Honduran not Mexican and does not want a CFI. Mistakes on the I 213 are a big problem as they are common and the form is used as evidence in immigration hearings and may be a basis for denying a CFI petition. Time served.

Vilma Nohemi Torres Lizardo 19-35233M (Atty Jay Sagar) has a bandaged right arm and UNSHACKLED on that side. 30 days.

Manolo Rafael Lopez 19-35282M (Atty Patrick Doyle) was continued for an interpreter until 10/15 at 11:00.

41 people had the felony dismissed and were sentenced to 2,475 days of incarceration in a federal prison—most likely the private Core Civic prison 80 miles north of Tucson (19X30, 6X60, 11X75, 1X105, 1X135, 2X150,1X180).

Yuma Operation Streamline Monday Calendar. 26 people were on the calendar with one defense attorney, George Romero. 7 appeared to be Indians and with the surname, Singh.

Observers: Two relatives/supporters of two of the migrants and one GV Sam. Katrina Schumacher

September 27, 2019 1:30-2:30 PM

Magistrate Judge Maria S. Davila, Prosecutor Lewis, 15 defense attorneys (2 FPDs), 3 US Marshals, 2 simultaneous interpreters, new Mexican Consulate rep—Ricardo and a few other court personnel

54 migrants were on the calendar today—about 20 less than a full calendar. 33 were charged with the misdemeanor of Illegal Entry (1325) and 21 had the additional charge of Illegal Re-entry after Removal (1326). All were in 5-point shackles except one pregnant woman. This judge only gives the date of entry into Arizona. 28 migrants were arrested on the day they entered Arizona and 25 spent 69 days in the desert before arrest. 3 people were arrested for attempted entry in Nogales; one for using false ID and two others for eluding officers at the entrance.

Judge Davila addresses the attorneys asking them if they think their clients are capable of understanding the proceedings and telling them that all requests for Credible Fear Interviews (CFI) and Bureau of Prisons are in front of her and need not be repeated. No requests for CFI were made in open court. A few attorneys put an indigenous language on the record and the judge asked each a few questions to assess fluency in Spanish. Three languages of Southern Mexico, Tlapaneco, Zapateco and Trique, were mentioned. The Mexican Consulate rep said there were a few migrants here from Guatemala and Honduras and one from Ecuador.

One man was dismissed without prejudice at the beginning of Streamline and one of those charged with only 1325 was disputed by the prosecutor.

Agustin Diego Pascual 19-35150MP (Atty Victoria Brambl) from Guatemala had, according to Mr. Lewis, been charged with the same offense in Phoenix in February of 2017 and had spent 75 days in Prison. He asked that Mr. Diego be sentenced to more than ‘Time Served’. Ms. Brambl said he had 5 children in Guatemala and very little education. Time Served.

21 people charged with Re-entry had the felony dropped and were sentenced to 1,605 days (7X30, 8X75, 2X105, 1X135, 3X150) in federal prison—most likely a Core Civic private prison in Florence AZ.

Observers: A group of 10 who came late and left early, volunteers with No More Deaths Ana and Katie, GV Sam C McGrath and her sister and Katrina Schumacher.

September 23, 2019 1:00-2:40 PM

Magistrate Judge Maria S. Dávila, Prosecutor Lewis, 16 defense attorneys
(2 FPD), 3 US Marshals, 3 additional security, a new Mexican Consulate Rep, 2 simultaneous interpreters and a few other court personnel

75 migrants were on the docket today including 12 women but only 73 arrived in court. 2 were listed as ‘Not Transported’ and were dismissed in absentia. Language such as this that seems more fit for a stockyard runs through Streamline--’without being inspected’, ‘transported’--though the cattle usually don’t arrive in chains. 34 migrants were charged with the misdemeanor of Illegal Entry (1325) and 39 had the additional charge of Illegal Re-entry after Removal (1326).

This judge does not mention country of origin or where a migrant entered Arizona but only the date of entry. 33 migrants were arrested on the day they entered Arizona and 35 people spent 99 days in the desert before arrest. Countries mentioned by attorneys were Mexico, Guatemala, Honduras and Ecuador.

Two migrants were continued after an initial hearing and two dismissed at the start of the proceedings.

Alexandra Del Rocio Pillco Quichimbo 19-34869MP (Atty Daniel Anderson) from Ecuador was continued to await an interpreter and is scheduled for October or November 8th. I believe she flew into Mexico from Ecuador, continued to the US and will be seeking asylum.

Jaime Guillermo Niz-Mendez 19-34936MP (Atty Bert Vargas) was continue until October 9th at 11:00.

Lorenzo Lopex Raxuleu 19-34874MP (Atty Chris Kilburn), a K’iche speaker will be seeking a Credible Fear Interview (CFI) when he gets to immigration. This man will most likely have to wait for a plane going south of Mexico and so has more chance of asking for asylum. Mexicans seeking asylum who are dismissed or sentenced to Time Served will be deported today at Nogales and have only a short opportunity to ask for a CFI.

Judge Davila addressed the lawyers telling them that she had the requests in front of her and they were free to speak but she would not ask the migrants for comment. After each group of 5, 6, 7, or 8, she did say, ‘Does any counsel wish to be heard’, with very little response.

This judge has the whole 1325 group of 31 seated with 5-point shackles in the courtroom and advises them together of charges, consequences and rights before calling groups before her to answer 4 questions individually. She does the same with the 39 people having the additional felony charge. All of the first group are sentenced to ‘Time Served’. Most of the other migrants today receive 30 day sentences for first time re-entrants. A few people with more re-entry charges, other priors or prior deportation from other locations get more time.

CFI requests and other issues

Eudes Joaquin Bobadilla Lopez 19-34881M (Atty David Valadez) from Honduras has the wrong information on his I 213. He says he was not asked about fear of return to Honduras and will be asking for a CFI. 75 days.

2 Hondurans asked to be deported together—Time Served.
One man was arrested for attempted entry by ‘false declaration’.
Miguel Angel Llamas Requena 19-34953M (Atty Raul Miranda) did not wear his earphones and answered in English. 30 days.

39 people were sentenced to 1,845 days in federal prison—most likely the private Core Civic prison 80 miles up the road from Tucson (26X30, 1X60, 10X75, 1X105, 1X150).

Observers; Rebecca Orf an attorney/judge from Oregon volunteering with the Green Valley Samaritans, two activists, attorneys(?) and one GV Sam.
One of the women had seen the San Diego OS court and told how migrants could not enter a plea and be sentenced on the same day. This is a part of the FPD attorneys resistance to Streamline and presents a conflict as slowing down the OS process means more time incarcerated for the migrants. When OS started in San Diego last year attorneys resisted by slowing down the process and telling some of the migrants’ stories in the courtroom. Streamline sometimes lasted way into the night. Shackles are not used there. After the Supreme Court sent the 9th Circuit’s decision against shackling back to the states, Arizona decided to resume the practice (easier on the US Marshals) but California didn’t.

Atty Kilburn talked to us. A good discussion. He told us how he is paid full hourly wage for trips to Florence and back to see continued clients. The Stop Streamline Coalition is working on an expense report for OS and here is another example of wasted tax dollars with no solutions to the underlying forces driving immigration.
Katrina Schumacher

September 16, 2019 1:30-3:30 PM

Magistrate Judge Lynnette C. Kimmins, Prosecutor Lewis, 17 defense attorneys, 4 US Marshals, 2 simultaneous interpreters and a few other court personnel

73 migrants were on the Streamline Calendar today including 6 women. All entered the courtroom in groups of 8 in 5-point shackles except one man in a wheelchair. The shackles appear to come in one size and look particularly draconian on a 98 pound woman or a 120 pound man. No more than 16 prisoners—still innocent before the guilty plea—were in the court at any one time. 35 migrants were charged with the misdemeanor of Illegal Entry (1325) and 38 had the additional felony charge of Illegal Re-entry after Removal (1326). Most of the people in the second group have re-entered only once or twice now that those with multiple re-entries are sent to individual criminal trials.

Going west to east, 15 migrants were arrested near Lukeville, 22 near Sasabe, 30 near Nogales, 1 near Naco and 2 near Douglas. 46 people were arrested within a day of entry into Arizona. 25 people—most entering near Sasabe and Nogales-- spent 87 days in the desert before arrest. This judge does not give country of origin but Mexico, Guatemala and Nicaragua were mentioned during the proceedings. Languages put on the record by attorneys included Mixteco, (X3), Tojolabal (?) and Tzotzil. Judge K saw one of the Mixteco speakers alone at the end of the calendar. She walked through the advisement and the questions very slowly asking him to explain back to her the meaning of terms such as ‘deportation’ and ‘trial’. He said he had left Oaxaca to earn money and had entered through the desert.

Two migrants were dismissed at the beginning of Streamline without prejudice. This is usually because the person’s grasp of Spanish does not seem sufficient for her/him to understand the lawyer.

Attorney Willimann said that his client Audilia Gonzalez Diaz 19-34604MP was ‘terrified’ of return to her country and requesting a Credible Fear Interview (CFI). She is the only person on the calendar listed as having been arrested on Sunday.

The judge addressed all the attorneys before calling groups. She told them that she had all requests for the Bureau of Prisons and CFIs and would not repeat them in open court though they could speak if they wished. After each group she asked if there was anything further before dismissing the group to the Marshals. I don’t know if all asylum/CFI requests were mentioned in court; I heard only one.

Arturo Jose Valle Rivas 19-34553M (Atty Bert Vargas) from Nicaragua was requesting a Reasonable Fear Interview which is a CFI with a higher bar for people who already have an Illegal Entry conviction. The judge explained to him that this was a criminal court and though his request would go on the record it had to be done through immigration. 30 days.

Other Issues

Gerardo Hernandez Alvarez 19-34524M (Atty Alejandro Muñoz) wore his headset around his neck and answered the judge’s questions in English. I had seen this before recently where wearing a headset around your neck means you aren’t ‘using’ the interpreter and can answer in English. If the person is wearing a headset this judge tells her or him to answer is Spanish. This happened later with another migrant. 90 days.

Guadalupe Ayon Yanez 19-34535M (Atty Chris Kilburn) was in a wheelchair and, his lawyer said, very banged and scratched up. He was arrested near Nogales 4 days after entry. He fell into a ravine (atty’s word) and was found by CBP. 75 days.

38 migrants were sentenced to 1770 days of incarceration in a federal prison (23X30, 4X60, 10X75, 1X90). This will most likely be a Core Civic private prison.

The Yuma Streamline calendar today listed 20 migrants with one defense attorney. One of the attorneys today said that the attorney must meet with the whole group to advise them of court procedure.

One GV Sam observing today. Katrina Schumacher

September 9, 2019 1:30-2:30 PM

Magistrate Judge D. Thomas Ferraro, Prosecutor Lewis, 17 defense attorneys, 6 US Marshals and security, 2 simultaneous interpreters, no Mexican Consulate rep

74 migrants were on the calendar today including 5 women. All the prisoners except two pregnant women were in 5-point shackles. One woman looked about 7 months pregnant.
48 migrants were from Mexico, 16 from Guatemala and 1 each from Honduras and Ecuador.
Going west to east, 11 migrants were arrested near Lukeville, 21 near Sasabe, 24 near Nogales, 1 near Sierra Vista and 6 near Douglas. One person was arrested near Boquillo?--couldn’t find it.
40 migrants were arrested on the day they entered Arizona—6 for attempted entry. 25 people spent 65 days in the desert before their arrest.

44 migrants were charged only with the misdemeanor of Illegal Entry (1326) and 30 had the additional felony charge of Illegal Re-entry after Removal (1326). 4 people were dismissed at the beginning of Streamline. Usually this is because they have limited Spanish facility. One was requesting a Credible Fear Interview (CFI).

Rosa Soraida Lala Guaman 19-34235MP (Atty Myrla Garcia) will request a CFI when she gets back to immigration.

5 people were continued; 3 to await an interpreter—done when the prosecutor feels the offense is grave enough to warrant an interpreter--and 2 for other reasons.

Omar Garcia Campos 19-34207M (Samuel Washington) is refusing the plea deal and will be tried on the felony, 1326.

Pascual Paulino Garcia 19-34176M (Atty Saul Huerta) will be continued until 9/26 at 11:00 so that his lawyer can do additional research. His plea remains open.

Judge Ferraro addressed the whole misdemeanor group and then called 6, 7, 8 or 9 people up in front of him. He asked three compound questions all with the answer, ‘Yes’. The first two questions he asks once and then goes down the line without repeating the question. The third question was directed to each individual stating the country of origin and date and place of entrance. At the end of each group he asked if anyone had any questions and if anyone would like to make a statement.

The judge did give both attorneys and prisoners a chance to speak but he actually put requests for the Bureau of Prisons and asylum on the record himself. There was no elaboration by the lawyers.

Cristian Miguel Veliz Castellanos 19-34215MP (Atty Corey Simon) from Guatemala is requesting a CFI. Both he and the following woman entered near Lukeville. Time served.

Marian Fernanda Escobar Velasquez 19-34216MP (Atty Gregory Solares) from Guatemala is requesting a CFI. Time served.

Victor Manuel Agustin Gomez 19-34222MP (Atty David Valadez) from Guatemala requests a CFI. Time served.

Ernesto Ramos Lopez 19-34180M (Atty Kevin Lerch) from Mexico will be requesting asylum. 75 days.

24 migrants were sentenced to 1,125 days of incarceration in a federal prison
(180X1, 75X5, 60X1, 17X30).So many 30 day sentences plus those dismissed and those charged only with a misdemeanor means that many of these migrants were arrested for the only the first or second entry into the US—they stepped on US soil. These are the majority of the ‘Criminals’ that a wall is supposed to keep out.

I was the only observer today. GV Sam Katrina Schumacher

September 3, 2019 1:30-2:45 PM

Magistrate Judge Jacqueline M. Rateau, Prosecutor Lewis, 16 defense attorneys, 4 US Marshals, 2 simultaneous interpreters, NO Mexican Consulate Rep

74 migrants were on the calendar today including 5 women. 20 people were charged with the misdemeanor of Illegal Entry (1325) and 54 migrants had the additional charge of Illegal Re-entry after Removal (1326). Because this was the day after Labor Day, the arrests ranged from Friday August 30 to Sunday September 2. Many more people were arrested during this time who ordinarily would have been sent to Streamline. I suppose that some of those who may have had borderline re-entries were sent on to regular criminal court and some of the first time Mexicans may have been given voluntary removal.

All the migrants charged with 1325 were seated in the courtroom in 5-point shackles and later the whole 1326 group.

This judge does not mention country of origin, date or place of entry. During her questioning she says, ‘I understand that sometime during the past two weeks you entered Southern Arizona from Mexico without being inspected at a port of entry, is that so?’. She asks the question once and then goes down the line of 7 saying, ‘Mr. Reyes, same question, Ms Batista, same question’. W e hear a little during the hearing. 2 migrants were from Cuba, Guatemala was mentioned and 5 people attempted entry through Nogales by train and by using false papers.

I could hear very little of what was being said today. Unlike other judges, this judge does not ask lawyers to step up to the microphones to speak. I am listing people who may have asked for Credible Fear Interviews (CFIs)--the first step in the asylum process..

Wilian Alexander Mejia Romero 19-33833MP (Atty Gregory Berger) is requesting a CFI. Time served.

Edgar Canelas Diaz 19-33839MP (Atty Margarita Bernal) asks for a CFI. He answered, ‘Yes’ to one question and was cautioned by the judge to answer in Spanish as he was ‘using’ the services of an interpreter. Time served.

Haldo Davince Rivera Lopez 19-33875MP (Atty Samuel Washington) is requesting a CFI. Time served.

German Fabricio Caballero Sosa 19-33886MP (Atty Myrna Beards) requests a CFI. Time served.

Hector Ariel Ponce Colindres 19-33891MP (Atty Margarita Bernal) requests a CFI. Time served.

Idelfonso Carranza Carrazco 19-33829M (Atty Guenevere Nelson-Melby) requests a CFI. 30 days.

Fabian Valladares Blanco 19-33830M (Atty Micaela Portillo) a CFI request is not reflected on his I 213. 30 days.

Luis Alberto Morales Lema 19-33899M (Atty Micaela Portillo) is requesting a Credible or Reasonable Fear Interview* which is not reflected on his I 213. *Reasonable Fear is the criteria used for people who have already been deported and has a higher bar. 30 days.

Other issues

Ramiro Estuardo Jeronimo Bamaca 19-33873MP (Atty Bert Vargas) from Guatemala was seen alone at the end of the 1325 group. He had requested a CFI and was withdrawing his request. The judge questioned him. He is extremely small and said because of his size, in Guatemala people would often pick him up and shake him. It had affected his sight. Now he just wants to go home. Time served.

Flavia Cruz Hernandez 19-33907M (Atty Bert Vargas) is diabetic and her meds were taken from her when she was arrested. She needs medical treatment. Judge R instructed her attorney to talk to the marshal and told her to make sure she asks for medical help when she gets to prison. 30 days.

52 migrants had their felony charge dismissed and were sentenced to 2145 days of incarceration in federal prison—most likely in a Core Civic private prison. That is about 6 wasted years for prisoners and their families and a quarter of a million dollars for tax payers; some of whom went to prison today.

Observers: Josh, from Borderlinks was there today with a group of 12 from Comisión provincial por la memoria in Argentina. The interpreter who guards the earphones was working today but luckily she is also from Argentina and gave earphones to those in the group who needed them. After Streamline the group was able to speak with Attorneys Beards and Delgadillo. Three of this group are Human Rights attorneys and that is the focus of the whole group so they were able to ask great questions.
GV Sam Katrina Schumacher

August 26, 2019 1:30-3:00 PM

Magistrate Judge Leslie A. Bowman, Prosecutor Lewis, 16 defense attorneys, 4 US Marshals, 2 simultaneous interpreters and a few other court personnel.

69 migrants were on the calendar today including 7 women. 41 migrants were arrested on the day they entered Arizona, 25 people spent 100 days in the desert before arrest. This judge does not mention country of origin or where a migrant entered Arizona. She addresses all the attorneys saying that she has all the Bureau of prisons and Credible Fear Interview requests and she will not repeat them in court though the attorneys may. She also will not ask for comments before dismissing the groups.

All prisoners were in 5-point shackles. Three were dismissed at the start of the proceedings and the rest were addressed and questioned in groups of 10. In front of the bench then, 20 people—lawyers and their clients stand around 5 microphones. The group of 10 coming up is seated directly behind those standing so it seems very crowded.

I don’t think all the Credible Fear Interview (CFI) requests were put on the record but during the second group of 10, one lawyer put his client’s request on the record and then several other followed him.

Marlen Cabanas Rodriguez 19-33539MP (Atty Vincent Lacsamana) is requesting a CFI and this is in his I 213. Time served.

Sabdi Jonatan Gonzalez Morales 19-33543MP (Atty Richard Bacal) is requesting a CFI as is his sister
Brendi Gonzalez Morales 19-33545MP (Atty David Aguilar). Time served for both.

Mildred Lopez Morales 19-33544 (Atty Daniel Anderson) is perhaps the mother of the last two. The three were arrested in sequence. Her lawyer started the series of requests for CFI in the second group of 10 who came before Judge Bowman. He said he was sending a petition with her though he didn’t know if she would be allowed to keep it. Time served.

Alfredo Jose Pesantez Pesantez 19-33552MP (Atty David Valadez) from Ecuador told the Border Patrol he was afraid of return to his country and has a CFI request. Time served.

Lucia Del Carmen Coutino Perez 19-33557MP (Atty Gregory Solares) is requesting asylum. Time served.

Asley Doralis Bautista Carillo De Garcia 19-33569MP (Atty Vincent Lacsamana). Her request for a CFI is reflected on her I 213. Time served.

Victor Ordonez Ramirez 19-33564MP (Atty Fernanda Munoz) from Guatemala is withdrawing his request for a CFI. Time served.

Time served means that any Mexicans who are requesting asylum, starting with a Credible Fear Interview, will be on their way to Nogales and deportation as court is ending. They will have a very short window to be diverted to immigration. Those from further south have a little more time as they will be held in detention until a charter plane is ready to take them to Guatemala City and points south. Because Arizona is under the 9th Circuit Court they would still be permitted to ask for asylum without having applied for asylum in any country they passed through. In these crazy times that may change.

Two men asked to address the Court.

Nicolas Campos Cano 19-33529M (Atty Juliana Ore Giron). Ms. Ore Giron said her client was very stressed by the prospect of spending time away from his family. He wanted his time reduced and had something to say. Mr. Campos said that he has a wife and child at home in Mexico and all he wants is to work and try to have a better life. I speak for all the Mexicans here. You are treating us like criminals when all we want is to work I speak for Mexicans and Latin Americans, what you are doing is wrong ( I wish I had had a tape recorder because what he said was impressive). Judge Bowman said that most of the others in this courtroom felt as he did and she was sorry but could not modify his sentence though he could withdraw his plea and go to trial. She said in reference to being treated like criminals, that entering the US illegally is a crime and that was why he was treated like a criminal. She encouraged him to stay in Mexico and not attempt coming again. I heard what you said and I hope you heard what I said. 75 days.

Adolfo Hernandez Aguilar 19-33550 (Atty Christina Woehr) said he was 62 and had 6 citizen children and many grandchildren living here. He said he had never committed any crimes here or had anything to do with drugs and just wanted to be with his family. The Judge said she did not see how that was going to happen any time soon—the laws are not getting any better. You’re going to have to figure out another way to be with your children. 75 days.

39 migrants were sentenced to 2325 days of incarceration in federal prison—most likely the Core Civic Prison in Florence—for the misdemeanor of entering the United States without permission and without inspection at a Port of Entry. That’s more that 6 years of sadness and loss of income for many families and 374,325 taxpayer dollars supporting the private prison industry. Some of those taxpayers are on their way to prison today.

Observers: A large group of probation officers from all over the country attending a local conference, a reporter(?) for Atty Lerch, one GV Sam. - Katrina Schumacher

August 9, 2019 1:30-2:30 PM

Judge D. Thomas Ferraro, Prosecutor Lewis, 16 defense attorneys, 4 deputy marshals, 2 simultaneous interpreters, Mexican Consulate rep and other court personnel.

66 migrants were on the docket today including 7 women. 39 migrants were charged with the misdemeanor of Illegal Entry (1325) and 27 had the additional charge of Illegal Reentry after Removal (1326), All were in 5-point shackles during the bus ride to the courthouse, during the morning consults with their lawyers in this same courtroom, during Streamline and, after court, during the ride back to Nogales or to Florence.

41 of the prisoners were from Mexico, 12 were from Guatemala and 8 were from Honduras. Going west to east 14 people were arrested near Lukeville, 1 near San Miguel, 19 near Sasabe, 16 near Nogales, 4 near Naco 1 near Hereford and 6 near Douglas. 26 migrants were arrested on the day they entered Arizona (2 for attempted entry by train and false ID) and 37 people spent 116 days in the desert before arrest. Most of those were near Sasabe and Lukeville.

2 people were dismissed and one continued at the start of the hearing.

Abel Alejandro Lopez Zatarain 19-32779MP (Atty Ruben Esparza) was continued until August 16th at 11:15—no explanation as to why.

Asylum and other issues

David Lopez Guerra 19-32814MP (Atty Jose Lerma) from Guatemala had a Credible Fear Interview request on his I-213 and decided to withdraw it. Time served.

Meyzi Zurely Perez Villatoro 19-32785MP (Atty Saul Huerta) from Honduras was injured and using a cane while still being shackled. There was no mention of this. Time served.

Jose Noe Vasquez Garcia 19-32805MP (Atty Ruben Esparza) was feeling very ill when he arrived. He had not eaten and felt better after his lawyer got him some food. Time served.

Carlos Axel Cisneros Tejeda 19-32829MP (Atty Victoria Brambl) is from Mexico and his lawyer told the judge that he could probably be here legally. He is married to an American citizen and both now live in Vera Cruz. She wanted him to be given voluntary return so that a deportation would not be on his record and hurt his chances for coming to the U.S. legally with his wife at a later date. The paperwork he had been given when he was arrested seemed to already be processed for deportation. Mr. Lewis said that the deportation order had not been executed. Ms. Brambl asked that the judge to put something on the record to explain the situation and said that it was unfair to ruin his chances of coming here legally. The judge said he would put something but Mr. Cisneros was to be deported today and probably no one would read it. Ms. Brambl had talked to an immigration lawyer this morning and was trying to help her client. Time served.

Simon Morales Reynoso 19-32822M (Atty Saul Huerta) from Mexico asked to address the court. Speaking in Spanish he said he was guilty and was sorry to have committed a crime but asked the judge for a few less days. Judge Ferraro spoke to him and told him he couldn’t modify the sentence. 30 days.

26 migrants charged with 1325/1326 had the felony dropped and were sentenced to 1230 days of incarceration in a federal prison. Most will be sent to a Core Civic federal prison in Florence.

Judge Ferraro did better today than I have seen before. He addressed the entire misdemeanor group and then called the prisoners up 7 or 8 at a time. He asked two questions and then went down the line of 7/8 without repeating the question. No one got confused today so it worked. After each group he asked if there were any questions or if anyone would like to make a statement. He put some requests for the bureau of prisons on the record himself. In the instances above he spoke kindly to the defendants and wished them all good luck and no more trouble. He did the same with the plea bargain group.

Observers: GV Sam Katrina Schumacher and two friends.

July 29, 2019 1:30-3:00 PM

Magistrate Judge Lynnette C. Kimmins, Prosecutor Lewis, 16 defense attorneys, 4 Federal Marshals, 2 simultaneous interpreters, a Mexican Consulate rep and a few other court personnel

75 migrants are on the calendar today including 2 women. 39 migrants were charged with the misdemeanor of Illegal Entry (1325) and 36 had the additional felony charge of Illegal Reentry after Removal (1326). 54 migrants were arrested within a day of entering Arizona and 18 spent 70 days in the desert before arrest. Going west to east, 25 people were arrested near Lukeville, 17 near Sasabe, 16 near Nogales, 2 near Naco and 10 near Douglas. The migrants who spent the most days in the desert before arrest entered through Lukeville and Sasabe. This judge does not mention country of origin but Guatemala, Honduras, Nicaragua and Ecuador were mentioned during the proceedings in addition to Mexico.

2 migrants were dismissed and one rejected the plea at the beginning of Streamline.

Jose De Jesus Gonzalez Felix 19-32237M (Atty Chris Kilburn) rejected the plea. They waved the initial which might have been held today and he was ordered detained as a flight risk. No date was given.

Juan Antonio Sarat Ordonez 19-32281MP (Atty Chris Kilburn) is a K’iche speaker from Guatemala. He was dismissed during the hearing when it became apparent that he was not understanding. He spoke limited Spanish but had no school in either language.

Judge Kimmins runs a very orderly court. She addresses groups of 8 prisoners in 5-point shackles. And then asks each person 5 questions. She repeats her address about 9 times and asks about 350 questions plus further questioning of people who have dual language or appear not to understand. She focuses on each person and speaks in a very calm and courteous way. 8 more shackled prisoners enter while she is addressing the first group so there is a maximum of 16 migrants in the courtroom at any one time.

Asylum/Credible Fear Interview (CFI) requests

Luis David Olivas Rodriguez 19-32226MP (Atty Samuel Washington) is requesting asylum. He started answering in English and was told to answer in Spanish by the judge. Time served.

Jose Antonio Rivera Palacio 19-32227MP (Atty Bert Vargas) from Nicaragua also is seeking a CFI which is reflected in his I-213. He and Mr. Olivas have sequential numbers and both entered near Lukeville and were arrested that day. Time served.

Freddy Moises Quituizaca Sancho 19-32236MP (Atty Ruben Teran) is requesting a CFI which is reflected on his I-213. Time served.

Edisson Geovanny Coraizaca Uyaguari 19-32249MP (Atty Raul Miranda subbing for Kevin Lerch) from Ecuador is requesting a CFI. Time served.

Cristian Omar Blanco Estrada 19-32282MP (Atty Patrick Doyle) is withdrawing his CFI request. Time served.

Other isssues

Cesar Omar Ajuech Martinez 19-32238 M (Atty Patrick Doyle) spoke fluent English and had his earphones around his neck. His interview was conducted in English. 30 days.

2 people were charged separately with attempted entry, both with false IDs.

2 men who appeared to have difficulty understanding were seen at the end of the calendar.

34 migrants charged with 1325/1326 had the felony dismissed and were sentenced to 1815 days of incarceration in a federal prison. Most will go to a Core Civic prison in Florence (18X30, 3X60, 10X75, 2X105 and 1X135). Those sentenced to time served will start the deportation process today. Mexican will be dropped off and unshackled in Nogales while those from points south will go to a detention center to await deportation on a chartered plane.

The Yuma OS calendar had 35 migrants listed on Monday, each with the same defense lawyer.
I called the Yuma court house to ask if they had one defense lawyer per day no matter what the size of the group as this is what I had seen when I checked their calendar on different days. She referred me to her supervisor and the supervisor referred me to the Big Boss in Phoenix, Doug Bartolome who did not answer his phone. My question was; Do they use one defense lawyer for the entire group each day? Yuma usually runs under 10 per day but the calendar can have 14 or, as Monday, 35. If someone with a more imposing voice than mine would like to call Mr. Bartholome in Phoenix –602-382-2700, please let us know.

- Katrina Schumacher
- No other observers/visitors

July 22, 2019 1:30-3:00 PM

Magistrate Judge Maria S. Davila, Prosecutor Cassidy James, 16 defense attorneys, 4 U.S. Marshals, Mexican Consulate Rep, 2 simultaneous interpreters and a few other court officials.

75 migrants were on the calendar today including 8 women—all in 5-point shackles. 31 were charged with the misdemeanor of Illegal Entry (1325) and 44 migrants had the additional felony charge of Illegal Reentry after Removal (1326) which carries prison time. 49 people were arrested the day they entered Arizona and 25 people spent 75 days in the desert before arrest. This judge does not mention country of origin or where in Arizona the person was arrested.

2 migrants were dismissed at the beginning of the hearing with no reason given. Judge Davila addressed all of the lawyers asking if they thought their clients understood the charges. She then addressed the whole 1325 group. Three times during her colloquy she asked who ever did not understand what she just said (charges and consequences, trial rights, plea bargain conditions) should stand. No one did. Then she called people up by 7s and asked each the regular 3 or 4 questions. After each group of seven she asked if any counsel wanted to be heard. There were a few requests for Credible Fear Interviews and prison placement.

Yibia Yaneth Salguero Arellanos 19-31938MP (Atty Jay Marble has a CFI claim noted. Time served.

Alez Ariel Hernandez Orozco 19-31939MP (Atty Raul Miranda) has a CFI request on his I 213 but is thinking of withdrawing it. Time served.

Roberto Sarat Hernandez 19-31946MP (Atty Gregory Solares) is asking to withdraw his CFI request. Time served.

Fabian Israel Albarracin Velecela 19-31962MP (Atty Daniel Anderson) does want a CFI. Time served.

Katerin Yaquelin Mendez Martinez 19-31989MP (Atty Jessica Ruiz) does want a CFI. Time served.

Elito Osmin Perez Damas 19-31958M (Atty Kevin Lerch) from Guatemala is a permanent resident of Mexico and lives there with his Mexican wife and a U.S. citizen child. He wants to be deported to Mexico and not to Guatemala. 30 days.

44 migrants were sentenced to 2,205 days in federal prison—most likely a private prison run by Core Civic.

Yuma OS had 34 on the docket today with 8 women and 4 people from India.

-Katrina Schumacher

July 8, 2019 1:30-3:00 PM

Magistrate Judge Leslie A. Bowman, Prosecutor Lynch, 17 defense attorneys, 4 US Marshals and security, 2 simultaneous interpreters, a Mexican Consulate Rep and a few other court personnel.

Observers: MD Jakle from Rio Rico, and GV Sams Martha Jane Gipson and Katrina Schumacher.

75 migrants/refugees/and probably a few long time undocumented US residents were on the calendar today: 10 women, 65 men. 30 migrants were charged with the misdemeanor of Illegal Entry (1325) and 45 had the additional felony charge of Illegal Reentry after Removal (1326). 34 people were arrested on the day they entered Arizona—6 for attempted entry. 36 migrants spent 84 days in the Arizona desert before arrest. 4 of these spent about a week each.

Judge Bowman does not mention the country of origin or where the migrant entered Arizona. She addresses the attorneys telling them that she has all requests in front of her and will not mention them in open court. She also will not ask for comments though they are free to make a record if they wish. She addresses 10 migrants at a time and with 10 lawyers behind them it is crowded in front of the bench. As she does not ask for comments, when a lawyer wants to speak s/he does so as the group is beginning to shuffle toward the exit in their 5-point shackles.

5 migrants were dismissed at the start of the proceedings. This is usually because s/he is from Southern Mexico or Guatemala, speaks an indigenous language and does not have a serious enough offense to warrant getting an interpreter. Other reasons for dismissal are if someone is under age 18 or if she/he is having a hard time understanding. These folks begin their journey home today without a criminal record.

1325s Credible Fear Interview (CFI) requests.

Emmanuell Verdiguel Cebrero 19-31331MP (Atty Jay Marble) from Guatemala is requesting a CFI. Time served.

Miguel Zavala Espinosa 19-31388MP (Atty Jay Marble) asked to address the court. He asked the judge to give him a hearing with an immigration judge to study his case. ‘Please Señora Juez’. He is requesting a CFI. The judge told him she could do nothing here and he needed to speak up when he got to immigration and advocate for himself. Time served.

Lesbia Noemi Grajeda De Leon 19-31393MP (Atty Joel Parris) from Guatemala is requesting a CFI which is not reflected in her I 213. Time served.

1325/1326 issues

Maria De Jesus Bustos Ruiz 19-31316M (Atty Rosemarie Valdez) was using crutches and had at least one hand unshackled. She fell off the wall in Nogales. 30 days.

Sandra Isabel Morquecho Morquecho 19-31379M (Atty David Valadez). Her attorney said she was requesting a CFI which had not been noted (?). The judge directed him to make sure the clerk had the information. 30 days.

44 prisoners were sentenced to 2025 days most likely in private Core Civic Federal Prisons. 28X30 and the rest were 75 or 60 days. At $161 a day that’s $326,000 just for the incarceration costs for one day in court in one sector of the southern border paid for by the taxpayers including some of the people in this court today.

On the Evo Deconcini Federal Court website they are now posting the Yuma Streamline Calendar. This usually runs less than 20 migrants and mostly misdemeanors. You can call the John Roll Federal Court in Yuma to check this out.

- Katrina Schumacher