Magistrate Judge Lynette C. Kimmins, Federal Prosecutor Zachary Wiest, 15 Attorneys, 4 US Marshals, two interpreters
75 on the docket today—6 women and 69 men. 44 had the misdemeanor charge of Illegal Entry (1325) and 31 had an additional felony charge of Illegal Re-entry after Removal (1326). 37 migrants were arrested near Lukeville, 15 near Sasabe, 5 near Nogales, 4 near Naco and 3 near Douglas.
43 migrants were arrested the day they entered and only one was arrested 5 days after entry. With this number arrested near Lukeville, I’m wondering if we are seeing people from some of the large groups being picked up in that area.
7 migrants were dismissed without prejudice at the beginning of the proceedings, most likely because they speak an indigenous primary language and have limited facility in Spanish. Two were continued and had their initial appearances.
Jorge Cedeno 19-20811M (Atty Raul Miranda), an English speaker, was detained and his 90 plea was left open. He was continued with Mr. Miranda until 1/29/19 at 9:30. The Judge questioned him in English.
Alexander Fernandez Valencia 19-20830M (Atty Darlene Chavez) had his initial and was continued but no date given. Natalie Hayward took over as lawyer.
After dismissals Judge Kimmins addressed all the attorneys, telling them that requests for Credible Fear Interviews (CFIs), detention and deportation locations were all on the records in front of her and she would not mention them in open court. They could speak if they wished.
Credible fear and other issues in the 1325 group:
Rene Hernandez Salaz 19-20781MP (Atty Rene Miranda) a Mam speaker from Guatemala, was told to confer with his lawyer after his confusion became apparent in the first group. He was then seen last, alone. He had been to school in Spanish for 4 years but seemed confused at each question saying repeatedly, ‘No quiero pelear, no quiero juicio, solo quiero irme a donde vine’--I don’t want to fight, I don’t want a trial, I just want to go back where I came from. The judge insisted on going slowly through every sentence of her instructions despite his protests finishing each sentence with, ‘Do you understand?.
He would protest again and when pressed say the equivalent of ‘ un-huh’. They finally got through it and he was sentenced to ‘time served’ as were all the other misdemeanor cases. It was more difficult than usual to watch—he should have been dismissed.
Franklin Santizo Escobar 19-20831MP (Atty Jordan Malka FDP) was also seen at the end of the calendar after his lawyer said he wanted time to discuss his client’s plea of guilty to the misdemeanor. He was a student in Guatemala and has great fear of returning home which is in his I 213. He withdrew his guilty plea, was given an order of detention and scheduled for a status? hearing 1/29/19 at 1:30 with the same judge and lawyer.
Abner Ramirez Santos 19-20844MP (Atty Paul Breshears) from El Salvador was another confused person seen at the end of the calendar with..
Eustolia Pinzon Rivers 19-20879MP (Atty Natalie Haywood) from Mexico, arrested as she attempted to evade capture in the vehicle lane in Nogales(?) was also confused and seen at the end. She wanted to ask for political asylum.
Mr. Breshears spoke first saying his client was a university student and had great fear of return to El Salvador which was on his I 213. He had a copy of the petition we wanted his client to carry but he had also sent a copy to the Border Patrol and contacted the Florence Project. He said that because he had talked to his client about the criminal matter and the immigration concern, Mr. Ramirez had been confused with the initial questioning.
Ms. Haywood said she had filed all the same paperwork as had Mr. Breshears.
The two continued are above. There were a couple of language concerns put on the record as Antonio Ical, a Quiche speaker from Guatemala who said he understood about 50% of the questioning.
I think there were many Central Americans. I ran in to the Guatemalan Liaison again but we were crossing Congress in opposite directions—not enough time to get an answer about how many Guatemalans.
28 migrants were sentenced to 1530 days of incarceration in a Federal Prison. Many migrants with multiple re-entries that we used to see in Streamline are now sent individually in the regular criminal courts which will mean more prison time for them and a lot more money for our private prison industry and even more stretching of our justice system. Streamline lawyers often have to run upstairs for a few minutes to do an initial hearing for another client.
Visitors/ Observers: GV Sam Rita Denks with Cleveland Plain Dealer Reporter Mike, a group of 15-20 from Common Ground on the Border and another group came in later.