Magistrate Judge Eric J. Markovich, Prosecutor Cassidy James, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters and a few other court personnel.
75 migrants were on the calendar today including 7 women and all 75 shuffled in in 5 point shackles, no belts, no shoelaces and the one shirt they were allowed to keep when they were arrested. The benches in the courtroom were filled. 13 people were charged with the misdemeanor of Illegal Entry (1325) and 62 had the additional felony charge of Illegal Re-entry after Removal (1326).
31 migrants were arrested on the day they entered Arizona and 39 spent a total of 86 days in the desert before arrest (Those arrested near Sasabe and Nogales spent 57 days in the desert before being picked up). From west to east, 18 people were arrested near Lukeville, 24 near Sasabe, 16 near Nogales, 6 near Naco and 6 near Douglas.
3 migrants were dismissed and 2 continued at the beginning of the proceedings. The dismissed included a Mixteco and a Q’anjob’al speaker.
Enior Ruben Rodreiguez Salgado 19-30584MP (Atty Jessica Ruiz) was continued until 6/28 at 1:30. He had been injured and had some surgery so also needed medical care. They are disputing some of the information on his I 213. He is not seeking employment as they noted and he does have fear of returning home. I’m not sure what the medical condition refers to as he was arrested on 6/22.
Adolfo Lucena Cimbras 19-30558M (Atty Isabel Amsel) was continued until 7/9 at 2:00. His was an attempted entrance and they are also disputing facts on his I 213.
Judge M addressed the group of 12 charged with the misdemeanor and then called them up 6 at a time.
Paulino Martinez Vazquez 19-30559MP (Atty Bert Vargas) does have fear of return and will be seeking a Credible Fear Interview (CFI). Time served.
Silvia Elizabeth Batres 19-30592MP (Atty Kevin Lerch) was separated from her minor sister when they were arrested near Sasabe. Lawyer Lerch spoke to the judge about putting the child’s initials on the record (a child’s name can’t be put in an open record). Judge M. put instructions that they should be reunited and both will be applying for asylum. Time served.
Cesar Ponce Ramirez 19-30595MP (Atty Chris Kilburn) may have had drug priors and the Prosecutor asked that he be given 10 days. His lawyer said that he was never deported or voluntarily removed and he had never been to Colorado where the crimes were said to have taken place. This is one of the only instances when a judge has discretion in Streamline. Time served.
Judge M. addressed the 58 remaining 1325/1326 group and then called them up in groups of 5 to 9. He asked each migrant 6 questions. After each small group he asks, ‘Counsel, is there anything further on these cases?’ A few lawyers spoke up.
Jesus Torres Alvaro 19-30551M (Atty JayMarble). The judge put the CFI request on the record. 30 days.
Osman Danilo Garcia 19-30556M (Atty Nicholas Bishoff) had a misunderstanding at the time of arrest and does NOT want a CFI. 30 days.
Ignacio Sandoval Morillon 19-30561M (Atty Benjamin Aguilera) had a bad fall he when he was detained and wanted it put on the record. He was using crutches and had one hand handcuffed to the chain around his waist. 30 days.
58 migrants were sentenced to 2,655 days of incarceration in a private federal prison. That’s a little more than 7 years at a cost to taxpayers—most likely including some of the prisoners here today—of $427,000.
I like the way Judge Markovich runs his court. Having the entire group there shackled is shocking but Streamline is shocking and this makes that point. He is very clear and methodical. While he is not grim, he doesn’t joke with the lawyers/clerks around him.
Judge M. does not use some of the offensive (to me) language that some other judges use— ‘ illegal alien’, ‘without being inspected’, ‘You are using a court interpreter so you must answer in Spanish’. Best of all is that he always asks if anyone has a comment before he dismisses a group and he puts requests like CFI or prison placement on the record himself.
Observers; A group of students and 2 adults came late and left early. One GV Sam.
- Katrina Schumacher