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.
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
This Nugget is from a newcomer to Green Valley attending her first Samaritan meeting. One of the GVS Search teams encountered a Tucson Samaritan Search team that had discovered a group of 26 asylum seekers close to the border earlier. The apprehension of that group led directly to the apprehension of a second group of 80. It was a hot dry August day. "I can't imagine the desperation shared by these asylum seekers - their stories will be told someday, I hope." - Laurie Jurs
OPERATION STREAMLINE September 9, 2019
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
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.
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
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
We regularly hear about conversations with Border Patrol as part of search reports. We were reminded this morning that occasionally we encounter unpleasantness, sometimes there is little response to our attempts to converse and sometimes we have good conversations with them. Can't paint them all with the same brush. -Sandra Rooney
Magistrate Judge Bruce G. MacDonald, Prosecutor Lewis, 16 defense attorneys, 4 US Marshals, 2 simultaneous interpreters, the Mexican Consulate rep and a few other court personnel.
75 migrants/refugees and probably a few long time USA residents were on the calendar today. There were 3 women. 33 were charged only with the misdemeanor of Illegal Entry (1325) and 42 had the additional charge of Illegal Reentry after Removal (1326). 33 people were arrested on the day they entered Arizona—4 had attempted entry by train, false documents and eluding border officials. 36 migrants spent 106 days in the Arizona desert before arrest. This judge does not mention country of origin or place of entry into Arizona. Countries mentioned during Streamline were Mexico, Guatemala and Columbia.
4 people were dismissed at the beginning of the hearing. Usually this is because Spanish is their second language but not strong enough to understand their lawyers during the morning consult. Another man, a Spanish speaker, was dismissed later as the judge was getting ready to try to question him for a third time. Both his lawyer and the judge felt uncomfortable about trying to coax him through the judge’s 4 questions again.
Judge MacDonald addressed the attorneys saying he had Bureau of Prisons and Credible Fear Interview (CFI) requests in front of him and they did not have to repeat them. He himself repeated some of them.
The group of 33 charged with 1325 were seated in 5-point shackles in the courtroom when we entered. The judge address all of them and then called groups of 10 to the bench and asked each 4 questions—Do you understand your rights, the charges against you, the consequences of pleading guilty, and your right to appeal within 14 days?, Are you pleading guilty voluntarily? I understand that on August__ you entered Southern Arizona from Mexico without permission and without passing through a port of entry—is that true? Do you plead guilty or not guilty? The judge did the same with the 1326 group.
Fredy Ronald Orihuela Bruno 19-33199MP (Atty Homero Torralba) entered Arizona with the intention of turning himself in but was arrested and sent to OS. Is requesting a CFI. Time served.
Francisco Rivas Palma 19-33182MP (Atty Jessica Ruiz) is an English speaker and the judge did his interview in English (others who answered a question in English were told to answer in Spanish because they were ‘using’ an interpreter). He is requesting a CFI. Time served.
Norberto Quintero Salazar 19-33228MP (Atty David Valadez) from Columbia attempted to enter with a false ID. He did tell the BP about his fear of returning home but they did not put it on his I 213. He is requesting a CFI.Time served.
Francisco Jimenez Santiago 19-33213M (Atty Bert Vargas) tried to cross into the US on a train in Nogales. He asked to address the court. He said he knows he broke the law. His family is very humble. He is the only one working--$7 a day—in Mexico and the only support for a sick father and mother and a girlfriend who is due to have a baby in October. He asked to be given less time and promised never to return. The judge told him he could not reduce the sentence but if he wanted to take back his plea he could and he had Mr. Jimenez sit back down with his lawyer to decide. He accepted the plea. 30 days.
Sergio Zamora Viveros 19-33191M (Atty Raul Miranda) also addressed the court. He said he was the only one working in his family. He has a downs syndrome child, a three year old and his wife will have another child soon—No sé que puedo hacer. Again the judge told him he could not modify the sentence and had him sit down with his lawyer. Mr. Zamora took the plea. 135 days. The judge told both men that many people in the courtroom had similar circumstances but he couldn’t change the sentence.
Juan Picaso Silva 19-33187M (Atty Patrick Doyle) was on crutches and didn’t appear to have shackles on. He had a previous injury and was coming to the US for surgery. 30 days.
A married couple Rosalia Abriz Romero and Mario Dominguez Hernandez asked to be deported together (Time served) and were given some time to talk in the courtroom.
40 migrants had the 1326 dropped and were sentenced to 2460 days of incarceration in a federal prison, most likely Core Civic in Florence-6 ½ years.
One visitor and one GV Sam. Katrina Schumacher.
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