OPERATION STREAMLINE August 12, 2019
Magistrate Judge Maria S. Davila, Prosecutor Lewis, 17 defense lawyers, 5 U.S. Marshals, 2 simultaneous interpreters, Mexican Consulate rep, and a few other court personnel
75 migrants were on the calendar today including 6 women. 41 were charged only with the misdemeanor of Illegal Entry (1325) and 34 with the additional felony charge of Illegal Reentry after Removal (1326). 32 migrants were arrested on the day they entered Arizona. 38 people spent 202 days before arrest. That is a very high number but was what the judge was reading from the papers in front of her. Also, the higher number of days came in groups with a few people in sequence with the same number—for instance 4 men in a row charged with 1325 had said they entered the U.S. on July 28th, 2 with the same last name. 2 more men with 1325/1326 entered on July 28. One of the lawyers told me that perhaps the men confused the date they entered Arizona with the date they started their journey. This judge does not give country of origin or where migrants enter Arizona.
Three men were dismissed at the start of the proceedings and one man was continued.
Eder Mauriciio Bueso Palma 19-32887M (Atty Kevin Lerch) from Honduras was continued for a non-language related issue. He had his initial hearing, pleaded not guilty, was detained and continued until 8/27 at 11:15.
Luis Roberto Diaz Gomez 19-32903M (Atty Samuel Washington) was continued at the end of Streamline when the prosecutor requested he be seen alone. Apparently Mr. Lewis had found some prior charges. No date was set for the next hearing.
Judge Davila addressed the lawyers as a group saying that she had all the requests for the Bureau of Prisons and Credible Fear Interviews on the record and there was no need to repeat them. This makes it difficult to know if there were CFI requests that were not mentioned although she herself put some of the BOP requests on the record during Streamline.
Judge Davila addressed the whole 1325 group—all in 5-point-shackles--together and then called 7 at a time to the bench. She asked each person if s/he understood the charges, consequences, rights (one question) and if they were pleading guilty voluntarily. She then said, ‘I understand that you are not a citizen of the United States and that you entered the U.S. without inspection on ____’. 3 yeses and a guilty.
On the plus side she asked after each group if any of the Counsel wanted to be heard.
Issues—no asylum or CFI requests.
Elizar Gabriel Macario 19-32841M (Atty Enrique Gonzales) had a very tough time with the questions. He sat back down with his attorney, still had trouble and went through questioning (she took her very compound question apart) a third time before being sentenced to 75 days.
Three migrants were arrested for attempted entry; two with false papers and one by train.
Languages mentioned by the attorneys included Mam, Q’anjob’al, Nahuatl and Tarahumara.
30 people had the felony 1326 charge dropped and were sentenced to 1905 days of incarceration in privately run federal prisons (11X30, 3X60, 12X75, 3X105, 1X180). That’s 5 years of wasted time, hardship for many families, and about $307,000 in charges for taxpayers—some of whom were among the people being sent to prison today.
On my own today. Katrina Schumacher
OPERATION STREAMLINE AUGUST 9, 2019
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.
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.
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
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.
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.
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
At today's meeting, folks working at the Comedor (in Sonora, Mexico), the monastery (in Tucson), or observing at Operation Streamline (at the US Federal Court building in Tucson) all report that the people, including significant numbers of young children, who want to make a case of "credible fear" to US authorities, are having to wait in Mexico. They are in Mexico for weeks and even months, just to present themselves, as a consequence of the policy of "metering," which seriously limits the number of people allowed to state their desire for a hearing.
- Sandra Rooney
Magistrate Judge Bruce G. MacDonald, Prosecutor Lewis, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters, Mexican Consulate rep and a few other court personnel. Observers: Samaritans Kathy and Katrina
75 migrants/refugees and maybe a few long time US residents are on the docket today including 7 women. 19 migrants were charged with the misdemeanor of Illegal Entry (1325) and 56 had the additional felony charge of Illegal Reentry after Removal (1326). This judge only mentions the date of entry into Arizona. 45 people were arrested on the day they entered Arizona—three attempting to enter at a port of entry. 26 migrants had 121 days in our desert before arrest though 4 people accounted for 46 of those days.
4 migrants were dismissed—most likely for language issues—and one continued at the start of the proceedings.
Domingo Ixquer Tziquin 1931031M (Atty David Valadez) was continued until 7/16/19 at 3:00 for a K’iche interpreter.
Judge M addressed the lawyers telling them that he had all requests for Bureau of Prisons and Credible Fear Interviews (CFIs) before him and he would not repeat them in court—but then he did put some of the following on the record himself as they came up.
1325 s Credible Fear Interview requests--no elaboration by attorneys.
Katherine Manuela Martinez Castillo 19-30978MP (Atty Cheryl Blum)
Jonny Blondy Medina Soto 19-30982MP (Atty Hortencia Delgadillo)
Yenifer Aracely Martinez Castillo 19-30984MP (Atty Patrick Doyle)
Helen Indira Medina 19-30986MP (Atty Chris Kilburn)
One man, Lorenzo Caceros Orrego did not appear to understand and sat down again with his lawyer until the end of the group. He was extremely thin and appeared shaky though he had been arrested on the day he entered the country. He could not keep his pants up as he shuffled to sit down and rise again. Pulling up your pants with shackles on your wrists and waist is a struggle. No shoelaces, no belts and 5-point shackles.
Julio Ailon Velasquez 19-31003M (Atty Raul Miranda) from Guatemala was separated from his 16 year-old son at the border. Mr. Miranda and Judge M talked about getting as much information as possible. Mr. Miranda called his client’s wife. They have a cousin in Oklahoma who was ready to help if need be. 75 days.
Edgar Francisco Orellana Reyes 19-31004M (Atty Fernanda Muñoz) is requesting a CFI which was not noted on his I 213.
Cruz Maria Nunez Bonilla 19-31032M (Atty Rosemarie Valdez) from Honduras does (noted incorrectly on her I 213) have fear of returning home and is requesting a Reasonable Fear Interview. 75 days.
Rosario Perez Valdivia 19-31039M, (Atty Cheryl Blum) a Mexican Woman, addressed the court asking to be deported before her 30 days were up. She had been arrested for attempted entry. Judge M. explained that he had no discretion. 30 days.
Cupertino Ramirez Lopez 19-31050M (Atty Raul Miranda) has diabetes. His lawyer said he seemed very shaky and probably needed his meds. He was wearing a yellow armband which may be what they are now using to denote a medical condition. And was instructed to ask for medical attention as soon as he arrived in Florence. 30 days.
Francisco Javier Flores Landaverde 19-31051M (Atty Fernanda Muñoz) from El Salvador did not have the rights available to people from that country explained at the border. The judge and his lawyer discussed getting him information on this. He was arrested 10 days after he entered Arizona. 30 or 75 days. Judge MacDonald was using Judge Ferraro’s script today and read off the sentences in a group—30 days for so-and-so, so-and-so and so-and-so, 75 days for Fulano, Fulano, Fulano and Fulano. It was very difficult to follow who was sentenced to what.
Languages put on the record included K’iche, Zapoteco, Two people answered in English and were corrected—You must answer in Spanish because you are using the services of an interpreter.
52 migrants were found guilty of Illegal Entry, had the charge of Illegal Reentry after Removal dropped and were sentenced to 2,215 days of incarceration most likely in a Core Civic private federal prison.
- Katrina Schumacher
As a Samaritan, I volunteer at El Comedor in Nogales, Sonora where we go every Tuesday to help feed migrants. Sometimes when crossing back into the U.S., Border Patrol asks us what we were doing in Mexico. When we say feeding migrants at the Comedor, we get various responses from cold stares and silence to a rare “Thank you for what you do.”
At the I-19 checkpoint north of Tubac, BP is used to seeing the Samaritan vehicle with the sign on the side. On a recent trip, there were four of us returning from Mexico, and for once, Shura, our leader, was not driving. Instead Harry was driving with Steve in the passenger seat. Shura and I were in the back seat.
Much to our surprise, after pulling up to the checkpoint, the BP agent took one look at us, smiled and waved us through and said, “I see the boss is in the back!” We all laughed as indeed, the boss was in the back. For a moment we were all just folks, enjoying a light-hearted laugh.
- Gail Frank
Magistrate Judge Eric J. Markovich, Prosecutor Cassidy James, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters and a few other court personnel.
75 migrants were on the calendar today including 7 women and all 75 shuffled in in 5 point shackles, no belts, no shoelaces and the one shirt they were allowed to keep when they were arrested. The benches in the courtroom were filled. 13 people were charged with the misdemeanor of Illegal Entry (1325) and 62 had the additional felony charge of Illegal Re-entry after Removal (1326).
31 migrants were arrested on the day they entered Arizona and 39 spent a total of 86 days in the desert before arrest (Those arrested near Sasabe and Nogales spent 57 days in the desert before being picked up). From west to east, 18 people were arrested near Lukeville, 24 near Sasabe, 16 near Nogales, 6 near Naco and 6 near Douglas.
3 migrants were dismissed and 2 continued at the beginning of the proceedings. The dismissed included a Mixteco and a Q’anjob’al speaker.
Enior Ruben Rodreiguez Salgado 19-30584MP (Atty Jessica Ruiz) was continued until 6/28 at 1:30. He had been injured and had some surgery so also needed medical care. They are disputing some of the information on his I 213. He is not seeking employment as they noted and he does have fear of returning home. I’m not sure what the medical condition refers to as he was arrested on 6/22.
Adolfo Lucena Cimbras 19-30558M (Atty Isabel Amsel) was continued until 7/9 at 2:00. His was an attempted entrance and they are also disputing facts on his I 213.
Judge M addressed the group of 12 charged with the misdemeanor and then called them up 6 at a time.
Paulino Martinez Vazquez 19-30559MP (Atty Bert Vargas) does have fear of return and will be seeking a Credible Fear Interview (CFI). Time served.
Silvia Elizabeth Batres 19-30592MP (Atty Kevin Lerch) was separated from her minor sister when they were arrested near Sasabe. Lawyer Lerch spoke to the judge about putting the child’s initials on the record (a child’s name can’t be put in an open record). Judge M. put instructions that they should be reunited and both will be applying for asylum. Time served.
Cesar Ponce Ramirez 19-30595MP (Atty Chris Kilburn) may have had drug priors and the Prosecutor asked that he be given 10 days. His lawyer said that he was never deported or voluntarily removed and he had never been to Colorado where the crimes were said to have taken place. This is one of the only instances when a judge has discretion in Streamline. Time served.
Judge M. addressed the 58 remaining 1325/1326 group and then called them up in groups of 5 to 9. He asked each migrant 6 questions. After each small group he asks, ‘Counsel, is there anything further on these cases?’ A few lawyers spoke up.
Jesus Torres Alvaro 19-30551M (Atty JayMarble). The judge put the CFI request on the record. 30 days.
Osman Danilo Garcia 19-30556M (Atty Nicholas Bishoff) had a misunderstanding at the time of arrest and does NOT want a CFI. 30 days.
Ignacio Sandoval Morillon 19-30561M (Atty Benjamin Aguilera) had a bad fall he when he was detained and wanted it put on the record. He was using crutches and had one hand handcuffed to the chain around his waist. 30 days.
58 migrants were sentenced to 2,655 days of incarceration in a private federal prison. That’s a little more than 7 years at a cost to taxpayers—most likely including some of the prisoners here today—of $427,000.
I like the way Judge Markovich runs his court. Having the entire group there shackled is shocking but Streamline is shocking and this makes that point. He is very clear and methodical. While he is not grim, he doesn’t joke with the lawyers/clerks around him.
Judge M. does not use some of the offensive (to me) language that some other judges use— ‘ illegal alien’, ‘without being inspected’, ‘You are using a court interpreter so you must answer in Spanish’. Best of all is that he always asks if anyone has a comment before he dismisses a group and he puts requests like CFI or prison placement on the record himself.
Observers; A group of students and 2 adults came late and left early. One GV Sam.
- Katrina Schumacher
OPERATION STREAMLINE June 17, 2019
Magistrate Judge Leslie A. Bowman, Federal Prosecutor Lewis, 16 defense attorneys, 3 US. Marshals, 2 interpreters, a Mexican Consulate Rep and a few other court personnel.
There were 75 migrants on the docket today including 4 women—all arrested during the past 3 days. About 20 migrants were in the courtroom at any one time, all in
5-point shackles—no belts, no shoelaces.
29 were charged with the misdemeanor of Illegal Entry (1325) and 46 had the additional felony charge of Illegal Re-entry after Removal (1326). 46 people were arrested on the day they entered Arizona and 26 people spent a total of 71 days in our desert before arrest. This judge does not give information on where migrants are from or where along the border they were arrested.
3 people were dismissed because they spoke Mam and K’iche and their charges did not warrant finding an interpreter.
The 29 migrants charged only with 1325 were all sentenced to ‘time served’. Those from Mexico were on their way to Nogales as court was ending. Those from Central America are held in a detention center until there are enough to fill a charter plane to Guatemala/Honduras.
No CFI/asylum requests put on the record.
Francisco Ortega Munoz 19-30219MP (Atty Fernanda Munoz withdrew his request for a CFI.
Manuel Cano Camposeco 19-30190MP (Atty Margarita Bernal) and Delfino Cano Herrera 19-30197 (Atty Patrick Doyle) are father and son and requested to be deported together. Judge B. said she would recommend that but did not have the final decision.
44 people charged with the felony of 1326 had the felony dismissed in a plea bargain and were sentenced to 2130 days of incarceration in a federal prison (27X30, 1X60, 12X75, 2X105, 1X150).
2 lawyers put an indigenous language on the record, Luis Antonino Roblero Hernandez 19-30206M had his right arm in a sling which was not explained.
Observers; There were two groups of students with teachers. One group left early and the other group of 12 are from Santa Clara University in San Jose doing an immersion program at BorderLinks.
Judge Bowman came to talk to us after court. She responded to many good questions about the history and functioning of OS as well as some existential questions.
Does punishment work as a deterrent when someone has a family or citizen children here or fears for safety or food insecurity.
She talked of OS as it was when she became an OS judge 8 years ago. No one was shackled and you would pass groups of migrants in the halls. No one ever had a problem. Later after shackling was started the 9th circuit banned it in the courtroom (due process, presumption of innocence) and there was a year (2017-2018) when there had to be as many Marshals in court as unshackled prisoners—plus one (this resulted in prisoners taken to the courtroom 7 at a time unshackled with 8 security present). After a year SCOTUS sent the case back and different regions decided on shackles. Judge B was on the committee and said it was very contentious with some judges wanting shackles always and some (like her) wanting no shackles. Shackling won though most Tucson judges voted against it and now is required when there is more than one defendant in the courtroom.
Judge B. was asked about dismissals. She spoke of a Popti speaker who was continued for an interpreter. Often these interpreters are using a telephone to do the interview and in this case with poor reception the interpreter was trying to explain in Popti, concepts of the Streamline court proceedings. It turned out that the interpreter was using the wrong dialect of Popti and the case was dismissed rather that try to find another interpreter.
Recently, I believe the judges were directed not to look for interpreters unless the charges were relatively serious. This may allow cases to be dismissed without a criminal record but also it may miss appeals for asylum.