Magistrate Judge Lynnette C. Kimmins,
16 attorneys, federal prosecutor Ms. James, 5 marshals,
Mexican Consulate Representative, 2 interpreters
There were 74 migrants on the calendar today including 5 women. 51 were charged with Illegal Entry—1325--only and 23 had the additional charge of Illegal Reentry after Removal—1326. There was no mention of country of origin but Mr Simic who works with the Guatemalans in the group said there were about 19 Guatemalans and at least 2 Hondurans. 27 people were arrested near Nogales, 16 near Sasabe, 10 near Lukeville, 6 near Naco and 4 near Douglas. Most people were arrested within a day or two of entry. 5 entered our desert about a week before arrest.
When we entered the courtroom all 55 of the 1325 migrants were seated in
5-point shackles. 9 prisoners were dismissed, 6 with 1325 and 3 with 1325/26, probably for language concerns. One was continued.
*Alvino Cuahtemoc Portillo 18-38536M (Atty Samuel Washington) was continued until January 8 at 10:30 to await a Mixteco interpreter.
Judge Kimmins then called the lawyers before her. Among other things she told them that any requests migrants had made for Credible Fear Interviews (CFI), asylum, location of incarceration or anything else were on the record and did not have to be repeated in court. We asked a couple of lawyers about this and it seems that it may have to do with speeding up the hearings and the knowledge that immigration matters cannot be dealt with in criminal court. Lawyers put the information on the record during the morning consultation with their clients and tell the migrant what she or he must do. The prisoner can no longer carry a petition out of the court. Both these lawyers did put something on the record in court because of our conversation. We can go into court records and get information but I wonder if there is an easy way to do this.
Below are some but probably not all of the asylum/CFI claims.
*Maria Isabel Espitia Beltran 18-38504MP(Atty Fernanda Muñoz FPD) wants to apply for asylum. Time served.
*Elvis Adrian Brito Quito 18-38513MP (Atty Paul Breshears) said he had a question. The judge referred him to his lawyer who later said his client wanted to make sure he would have a chance to ask for asylum. Time served.
*Olger Adrian Chima Chimborazo 18-38517MP (Atty Daniel Anderson) is asking for a CFI and his lawyer put that on the record. Time served.
*Emilson Anael Sanchez Nuñez 18-38549MP (ATTY Mark Willimann) wants a CFI. This was not put on the record during the hearing. Time served.
*Cristhian Baruc Sagastume Cueva 18-38572MP (Atty Grace Goodman) from Honduras wants a CFI but on his paperwork from the border, one page said he had credible fear and another page that he didn´t. His lawyer wanted to correct the record and, I believe, was going to send on some paperwork. Time served.
*Magdalena Esther Morales Gomez 18-38585MP (Atty Mark Willimann) wants to rescind her request for a CFI and be deported home to Guatemala as soon as possible. She had been arrested with her husband and child. The family was going to request asylum. The husband and child were deported to Guatemala and she was sent to OS. She now wants to rejoin them quickly. Time served.
*Gabriela Alejandro Lopez 18-38535M (Atty Mark Willimann), from Mexico, wants a CFI. Her lawyer told us it would be difficult for her to pass because she is from Mexico and a reentry. 30 days.
*Leonardo Sanchez Vazquez 18-38555MP (Atty Ruben Teran) had been arrested in Del Rio TX in June and served 10 days. The judge gave him time served and told that he would not get a lesser sentence next time.
*Jesus Espinoza Aguirre 18-38510M (Atty Myrla Garcia) was wearing a medical face mask and prison orange pants and top. 150 days.
*Santos Jose Alba Barrera 18-38533M (Atty Daniel Anderson) from Honduras had been involved in Honduran politics and had protected status in Mexico. He wants to be deported to Mexico and not Honduras. His lawyer will try to get paperwork to him to help with this. 30 days.
19 1325/1326 prisoners were sentenced to 935 days of incarceration.
Judge K. is very deliberate in her instructions and questions. She asked each defendant 6 questions—384 questions, 9 dismissals, 3 language evaluations and one plea hearing with a man in prison garb at the end of the session, in 2 hours.
Observers 2 Sams, one large group of young people from all over came and went.
- Katrina Schumacher