Magistrate Judge Eric J. Markovich, a new Federal Prosecutor, 1:30- 4:05
16 defense attys, 4-5 Federal Marshals and contractors, 4 plain clothes security
There were 75 migrants on the calendar today including 3 women. This judge does not give country of origin. 45 people were arrested near Sasabe, 11 near Nogales, 9 near Douglas, 5 near Lukeville, 2 near Naco and 1 near San Manuel. San Manuel is 115 miles from the border and should be outside the Border Patrol’s area so I wonder about his arrest story. Vincent Lacsamana was the lawyer if anyone can ask him. 7 people crossed into our desert about a week before being arrested.
29 migrants were charged with the misdemeanor illegal entry (1325) and 46 had the additional felony charge of re-entry after removal (1326). One from each group was dismissed at the beginning. This is usually because of language but may be because a person is a minor or seems to have a lack of understanding.
All the 1325 group were sentenced to time served and deportation. 3 migrants asked for Credible Fear Interviews and asylum.
Mauro José Varon (name change to Segovia Hernandez) 18-31206MP (Atty Samuel Washington) had his request for a Credible Fear Interview noted on record. Time served.
Luis Carlos Marroquín Turuy 18-31213MP (Atty Paul Breshears) is seeking asylum and wants a CF interview. His lawyer asked that he go directly to immigration and take the petition and papers with him. Mr. Marroquín left with a file. Time served.
Arnol Antonio Alvarado Cruz 18-31221MP (Atty Kevin Lerch) requested asylum and CF interview. His lawyer asked that he be allowed to take paperwork—he did. Time served.
One asylum request from the 1325-1326 Group
Juan Pablo Perez Rivas 18-31229M (Atty Isabel Amsel) is from El Salvador. His lawyer said that he did not understand his Orantes rights when at immigration (?). He should have CF interview but not before understanding his Orantes rights. **See below for an explanation of Orantes. 180 days.
Alicia Fierro Campos 18-31171M (Atty Saul Miranda) is pregnant—75 days.
No shackles—the defendants were seen 7 at a time. The last group had 4 people and before they were seen the plain clothes security left quickly. There has to be as many security in the courtroom as there are unshackled prisoners--plus one extra--for our protection.
Judge Markovich sentenced the plea group to 2535 days of incarceration or almost 7 years, at a cost to taxpayers (probably including some of the defendants) of $408,135.
Observers: Lois Martin from No More Deaths came with a group of 25-30 clergy and lay UU adults who had been part of the group leaving water in the desert last weekend. Isabel Amsel spoke to the group after OS. One GV Sam.
**The Orantes injunction is a nationwide, permanent injunction that requires the Department of Homeland Security (DHS) to uphold certain rights of Salvadoran nationals in immigration detention.
In 1982, a U.S. district court issued a preliminary injunction based on evidence that the Immigration and Naturalization Service (“INS”) had detained and removed Salvadoran nationals eligible for asylum by using coercive tactics. Among other practices, the court found that there was evidence that INS provided misleading information to Salvadoran detainees regarding their right to apply for political asylum, denied Salvadoran detainees adequate access to counsel and to information about their rights, and placed Salvadoran detainees into solitary confinement without an administrative hearing. After a lengthy trial, the court in 1988 entered a permanent nationwide injunction mandating that the INS provide Salvadorans placed in immigration custody with a written notice about their rights, ensure Salvadorans access to telephones, counsel, and legal materials in detention, and refrain from coercing Salvadorans into signing voluntary departure agreements. Google to find out more.