Judge Lynnette C. Kimmins, 1:30- 4:30
16 lawyers, Border Patrol Lawyer Christopher Lewis
Observers: Kathy Altman, Nancy Myers, Katrina Schumacher from GV Sams and Stop Streamline, Marthe Dyner/New Hampshire Clergy, Darin Harvey/Ohio Clergy and a U of A student working on his thesis.
There were 75 migrants including 6 women. 7 were illegal entry—1325 only and 68 had the additional charge of reentry—1326, a felony. This judge gives the date the defendant reported as the date of entry but gives no other information. What additional information we got came from the lawyers or the judge’s attempts to question confused defendants. The Mexican Counsel representative said that most migrants today were from Mexico.
There were MANY confused defendants today in both groups. Judge Kimmins had to send defendants to sit and discuss with their lawyers, break down the questions into small chunks, rephrase, and at times to follow a separate line of questioning to assess comprehension.
5 people were dismissed from the 1325-26 group at the start of the proceedings. The seven 1325s were given time served.
Two were stopped at the Nogales Port of Entry with incorrect documents. Cristina Salazar Alvarez 18-21582MP (lawyer Bert Vargas) and Gilberto Hernandez Barragan 18-21602MP (lawyer Rosemarie Valdez).
The 63 migrants in the plea bargain group went before the judge 7 at a time. One of the migrants when asked by the judge if he was an American citizen, answered in Spanish, ‘Had I been an American citizen I would have used the Port of Entry’.
Samuel Islas Lechugas 18-21573M (lawyer Isabel Amsel) spoke English and was told to answer in Spanish as the Court uses an interpreter. He was confused and sat back down with lawyer—165 days.
Two more people from this group sat back down with their lawyers and were held over to go through the questions again with the next group. One of these had a different primary language and at least one was Guatemalan. She asked several questions to assess comprehension in Spanish.
Francisco Javier Jimenez Crisantos 18-21607M (lawyer Jessica Ruiz) was an English speaker and told to answer in Spanish. He had a medical condition (not sure what) and both the lawyer and the judge told him to ask for a doctor as soon as he arrives at detention—30 days.
Guadalupe Alvarez Olivera 18-21610M (lawyer Jay Marble) was picked up on February 3. This morning (2/5) Nancy Myers was at the Comedor in Nogales and met her sister. They had been together in Altar and become separated. This morning they checked the Streamline list and there she was. Nancy was able to talk to her lawyer, arrange a way to get her belongings back and have information for her sister. 75 days.
Pedro Rodriguez Leyva 18-21648M (lawyer Jay Sagar) was arrested when he attempted to come through the Nogales Port of Entry in a vehicle.
63 migrants were sentenced to 4,830 days of incarceration by Judge Kimmins. This amounts to about 13 years in mostly private prisons at a cost to tax payers—some of whom were defendants today—of $777,630.