Magistrate Judge Bruce G. MacDonald, Federal Prosecutor Zachary Wiest,
16 defense attorneys, 4 U.S. Marshals, 2 simultaneous Sp/Eng interpreters,
MX Consulate Rep and a few other court/corrections officials.
72 migrants, refugees, long time undocumented AZ residents were on the calendar today including 5 women. A pregnant woman was the only unshackled prisoner per the new rule being followed by the marshals. This judge does not mention country of origin or Arizona area of crossing. The Mexican Consulate Rep said there were about 40 Mexicans here today. 35 migrants were arrested on the day they entered Arizona. 5 people entered AZ 4 days before arrest and one person 10 days.
6 migrants were dismissed at the start of proceedings. This is usually because they primarily speak an indigenous language from Southern Mexico or Guatemala and have only a misdemeanor charge. One man was continued.
Juan Bautista 19-25288M (Atty Diana Castillo Reina) a Q’anjob’al speaker, fell off the wall and broke a bone in his back. Dismissed.
Yelson Isabel Sanchez Alvarez 19-25327M (Atty Juliana Ore Giron) was continued until April 8th at 3:30 with Judge MacDonald and had his initial today. His lawyer said he had sustained injury at the hands of the border patrol and asked that a photographer here take photos of the injury which the judge allowed. He will be detained until the next hearing.
The judge addressed all the attorneys. He said he had all requests for the Bureau of Prisons and for Credible Fear Interviews (CFIs) before him and would not repeat them in court though they could if they wanted their client to hear them (actually, he did repeat them several times).
42 detainees were charged only with the misdemeanor of Illegal Entry—1325--and all were sentenced to ‘time served’ and deportation. 6 requests for a CFIs were put on the record in court.
Kelvin Roel Ramirez Padilla 1925269MP does have fear of return to his country though it is not on his I 213 and he says he was not asked. Time served.
Oscar Enrique Ramirez Muñoz 19-25270MP (Atty Peter Matiatos) is requesting a CFI. Time served.
Dilma Mendez Laines 19-25271MP (David Maldonado) is a Mam speaker. She seemed to understand Spanish well enough this morning and is requesting a CFI. Time served.
Rafael Rodriguez Varela 19-25320MP (Atty Alejandro Muñoz) has a CFI request on his I 213 and his lawyer put it on the record again today. Time served.
Pedro Ramirez 19-25330MP (David Maldonado) is requesting a CFI. Time served.
Cristian Mauricio Romero Sosa 19-25337MP (Atty Paul Breshears) does have fear of return though this was not on his I 213. Mr. Breshears has contacted the border patrol and the Florence Project. He gave Mr. Romero his business card with useful phone numbers on it and asked that he be allowed to keep it. Time served.
Prosecutor Wiest requested that Adrian Camacho Borboa 19-25285MP (Atty Daniel Anderson) be sentenced to 30 days because in 2014 he was arrested in Santa Cruz County for possession of 31 lbs. Of cocaine in a vehicle and had served 3 years. His lawyer said there were identity issues including a bad copy of a fingerprint. Time served. This is one of the only areas where an OS judge has discretion. Judge M could have sentenced this prisoner to 30 days or more.
Sheila Inocencia Ricardez Antonio 19-25335MP (Atty Patrick Doyle) asked to speak to Mexican Consulate Rep. She and her lawyer spent a long time with the Rep.
23 prisoners who had the additional charge of Illegal Re-entry after Removal-1326- were sentenced to 1215 days of incarceration most likely in a Core Civic private federal prison.
Luis Maunuel Santiago Rios 19-25267M (Atty Hugo Reyna) had injured his knee during his journey and was advised to seek medical attention on his arrival at prison. His lawyer will call CCA. 30 days.
Carlos Morales Martinez 19-25261M (Atty Nicholas Bischoff) addressed the court at length. He asked for the sentence to be reduced. He said his father had died and he was the support of his family. He owed 70,000 pesos for this trip and he pleaded to be able to be returned to Mexico to work to pay it off and send money to his family. He repeated, ‘Discúlpame, nunca más voy a pisar en esta tierra’. Pardon me, forgive me, I will never again set foot in this country.’ Judge M replied that there were many defendants in the court today who had similar experiences. He could drop the plea and allow Mr. Morales to go to trial but he could not modify the sentence. Mr. Morales chose to continue with the sentence. 75 days.
Observers/visitors: Borderlinks group of 13 from Chicago Theological Seminary with Alejandro, UA group of about 8 law students, small group from Kino Border Initiative, a couple from Montana volunteering at the Monastery, a student from Oxford working on a research project and one GV Sam.
Judge MacDonald came to talk to the group. He came to Streamline in 2012 and before that did not know about this going on here.
As judge V., he started with encouraging civic participation. If you don’t vote you don’t have a right to complain. He said that the criminal justice has 3 objectives—as a deterrent, as rehabilitation, and as retribution. Does this (OS) process satisfy these objectives? We have many problems (with all the issues here) that won’t be settled in my lifetime (Sad—Judge M is pretty young).
He talked of the 9th Circuit Court. There have been 4 cases where the court has corrected procedure. An earlier one was barring group guilty pleas. The SCOTUS review of the 9th Circuit shackling decision was done of a technicality and did not address the question of shackling affecting due process or presumed innocence. Judge Snow made the final decision to reinstate shackling in Arizona.
- Katrina Schumacher