Magistrate Judge Leslie A. Bowman, 17 defense attorneys (1 FPD), Federal Prosecutor Zachary Wiest, 4 U.S. Marshals, 2 court interpreters, Mexican Consulate rep and a few other court officials attended.
75 migrants/refugees/undocumented U.S. residents were on the docket today including 13 women (10-1325, 1 dismissed). 49 people were charged with the misdemeanor of Illegal Entry and 26 had a felony charge of Re-entry. This judge does not mention country of origin or Arizona entrance area. 48 migrants were arrested on the day they entered the country. 5 people spent 4-5 days in the Arizona desert before arrest. There are no stats given for those prisoners dismissed.
8 migrants were dismissed at the start of the proceedings. This is usually because their primary language is not Spanish but one usually spoken in Southern Mexico or Guatemala. Most have been charged only with the misdemeanor of Illegal Entry (1325) or first time Illegal Re-entry (1326). Judges have been directed not to seek interpreters for very minor offenders. One man was continued.
Rutilio Gonzalez Eleuterio, 19-24417M (Atty David Aguilar) was continued until March 29 at 10:00 to await a Mixteco interpreter.
Judge Bowman addressed the lawyers saying that she had all requests in front of her and would not mention them in court though they could if they felt they needed to. She said she also would not ask attorneys or defendants for comments although they could make a comment if they wished. This judge sees prisoners 10 at a time so what you have is 10 shackled migrants before her, 10 lawyers behind them and 10 more shackled migrants seated behind them. As she finishes her individual questioning and sentencing she says, ‘You’re dismissed’ and lawyers must speak up as the shuffling exit is beginning.
Several lawyers did put a Credible Fear Interview request on the record though there may have been more. Some were correcting sloppy intake records done during arrest.
John Paul Juela Jadan 19-24394MP (Atty Juliana Ore Giron)--his I 213 had his CFI request and his lawyer wanted it in the record.
Martha Cecilia Canar Llapa 19-24396MP (Atty Tamara Mulenbo)--her CFI was on her I 213 but wants it on the minute record.
Jassan Israel Cobos Guzman 19-24397MP (Atty Peter Matiatos) from Ecuador was requesting a CFI. There were many mistakes on his I 213 including gender.
Andy Josue Romero Orellana 19-24412MP (Atty Daniel Anderson) was not questioned about fear when arrested and will seek CFI.
Francisca Suchite Hernandez 19-24431MP (AttyDavid Maldonado) was not asked about fear but does have and will seek CFI.
Jose Isaias Lemus Vasquez 19-24437MP has fear of returning to Honduras and is requesting a CFI. His lawyer said that in addition to violence in his country he is a part of an activist group speaking out for land rights.
Erik Omar Osorio Melgar 19-24422MP from Guatemala had not been allowed to speak with someone from his Consulate. Attorney Lacsamana was subbing for Alejandro Muñoz but was not in the courtroom when his client was called. The judge asked the prisoner if he was comfortable with some other lawyer representing him. Mr. Osorio spoke up saying he really needed to get back to his family and his country, that he had been away too long. Mr. Lacsamana returned to the courtroom before he was done. He withdrew his CFI request.
20 migrants charged with 1325/1326 had the felony dismissed and were sentenced to 1065 days of incarceration—most likely to be served in a Core Civic prison in Arizona.
Observers: Joanna Williams from the Kino Border Initiative with a group of about 15 students doing a border immersion trip, Two Montanans who had come to see for themselves and had been volunteering at the Monastery and one GV Sam.
Judge Bowman spent close to an hour talking to the KBI group. She spoke of…
-government efforts to increase the number going through Streamline and the push back from Judges, lawyers and marshals. There is a push now to have BIG NUMBERS of immigration prosecutions.
-how people are chosen for Streamline—no juveniles, no more family separations, no very serious charges.
-a judge’s discretion with petty offenses and how after dealing with discussion between the prosecutor and defense lawyers on factors adding or detracting from sentences for the misdemeanor, judges had just settled on ‘time served’.
-the 9th Circuit decision earlier on not allowing group ‘guilty’ pleas and more recently disallowing the use of shackles in the courtroom. Judge Bowman was on the shackles committee and said the judges had some ‘wicked’ meetings. She voted against the return of shackles.
-allowing people to move on after conviction—how long do we have to hold onto this stuff? She described removing the box and also was for a change in bail/bond so people could be released.