Criminal Consequence Initiative, 1:30 - 3:15 PM
Magistrate Judge Bruce G. MacDonald, Prosecutor Zachary Wiest, 14 CJA Attys, 2FPD Attys
Observers: 2 GV Sams, one Tucson Sam, ACLU Atty and guest, Dr. Brennan—Geogetown professor, U of A student supporting the migrants.
There were 75 migrants on the docket including 2 women. 30 were charged only with illegal entry—1325 and 45 had the additional charge of illegal reentry—1326. Many were from Guatemala but this Judge only gives the date of entry into Arizona from Mexico. 13 migrants entered the country 5 or more days before arrest. 6 people had been in the country, perhaps on the desert, for 10 days. NO SHACKLES. No separation from children was reported.
One Credible Fear
Martin Hernandez Jacome 18-29466M (Atty Ruben Esparza) No petition—just put the request on the record and directed his client to talk to immigration once he was back there. This is a lawyer unknown to me. He appears not to know about the petition or material covered in the workshops—maybe someone could contact him. 135 days.
3 people were continued at the start of the proceedings.
*Juan Chicalan Castro 18-29405M (Atty Mary Kincaid) was continued until 7/19 at 3:30 for an interpreter.
*Luis Miguel Carlos Bernabe 18-29430M (kevin Lerch) was continued until 7/20 for an interpreter.
*Alexis Murillo Figueroa 18-29415M (Atty Homero Torralba) had his initial and then continued until 7/18 at 9:30—I’m not sure why. Same judge for all.
*3 more migrants were dismissed and an additional man, a Quiche speaker from Guatemala (charged only with 1325) was dismissed when it became clear he was not understanding the questions.
*Daniel Tellez Alvarez 18-29427M (Atty Ruben Esparza) has diabetes and needs medical attention. The judge put it on the record, told the marshal and directed the man to ask for help upon arrival to the detention center. 30 days.
*Santos Vitelia Lobos Ambrosio 18-29446M (Atty Samuel Washington), a Guatemalan woman, was arrested at a Port of Entry and was concerned she might be deported to Mexico and not to Guatemala. If someone is arrested within the U.S. borders they are deported to their home country but she, because she was refused entry at the port, was afraid that rule might not apply. The judge and lawyer assured her she would be returned to Guatemala. 30 days.
*Arturo Penaloza Orellana 18-29479MP (Atty Daniel Anderson) was sentenced to time served but I believe his lawyer said he had recommended the man go to trial, He did not elaborate.
7 lawyers put an indigenous language on the record.
40 migrants were sentenced to 2,910 days of incarceration or almost 8 years. The cost of the incarceration alone is $468,510. Add to that all the loss of income, services needed by American citizen families who now find themselves in need and, of course, no price on the misery.
- Katrina Schumacher