Judge Lynnette C. Kimmins, Christopher Lewis Federal Prosecutors, 15 lawyers 1:40-3:50
Observer: Katrina Schumacher
There were 67 migrants including 6 women. 34 had only the charge of illegal entry (1325) and 33 had the additional charge of illegal re-entry (1326). This judge does not say where a migrant is from or where he/she entered the country. 9 people gave their date of entry as five or more days before they were picked up. One man had entered 8 days before being picked up. She saw most defendants in groups of 7.
The first two groups had 9 people who were dismissed and deported and 2 who were continued. 6 of the 1325 group were dismissed; the others were given ‘time served’. Whether one is dismissed or gets ‘time served’ there is still a deportation order on record.
*Manuel Alessandro Chavez Miranda 17-31846MP (Atty Myrna Beards) has a possibility of derivative citizenship. He did not wish to pursue it at this time but his lawyer wanted to put this on the record.
*Leopoldo Gutierrez Molina 17-31858MP (Atty Ashley Gilpin) had been through OS before. In September he was given 95 days by Judge Markovich but not ‘normally removed’. Mr. Lewis asked for prison time and Ms. Gilpin argued against it. Judge Kimmins gave him time served and a lecture stressing that were he picked up again it would be a lot more that 95 days.
*Nuria Isabel Robles Orozco 17-31872MP (Atty Ruben Teran) has fear of returning to Guatemala where her father was murdered. She felt she was not given an opportunity to make that clear when she was picked up.
*Juan Pascual Baltazar 17-31931MP (Atty Margarita Bernal) requested a hearing. The judge instructed the lawyer to make sure he understood the procedure and did some explaining herself.
From the 33 people in the plea bargain group 3 were dismissed and 3 were continued.
*Eduardo Galvan De La Luz 17-31861M (Atty Alfred Islas) rejected the plea (I believe—this was done at the beginning and I was having trouble keeping up).
*Marisela Reyes Basurto 17-31885M (Atty Richard Bacal) appeared not to understand and spoke an indigenous language. She was seen alone at the end of her group and her lawyer said she was nervous and shy. Her case was dismissed.
*Lensi Orlando Padilla Velasquez 17-31896M (Atty Alfred Islas) was on crutches. He had an initial appearance at the beginning of the hearing and was continued until January 17.
*Olga Regina Felipe Molina 17-31905M (Atty Mathew McGuire) has credible fear.
*Javier Leon Chavez 17-31916M (Atty Richard Bacal) had some English and the judge asked him to answer in Spanish because they were using an interpreter.
*Bryan Tolentino Pineda 17-31925M (Atty Enrique Gonzales) had an initial hearing and was continued until January 17 at 10:30 with no bond.
28 migrants were sentenced to 2,145 days or close to 6 years in prison. Figuring the cost of incarceration at $161 a day, the cost to taxpayers is $345,345--mostly going to private prisons. That is in addition to the misery.
- Katrina Schumacher