Judge Eric J. Markovich, 16 lawyers (2 FPD), Border Patrol lawyer Christopher Lewis (1:30-3:40)
Observers: 3 Sams and one U of A student working on a project.
69 migrants including 7 women were on the docket. 22 people were arrested near Sasabe, 12 near Lukeville, 11 each near Naco and Nogales, 9 near Douglas and 1 near Ajo. 2 people were stopped at the port of entry. Everyone was arrested during the past 4 days. This judge gives no country of origin.
32 migrants were charged only with illegal entry—1325.
*Maria Fernanda Castro Jimenez 1824411MP (atty Ricardo Bours) wants to be held over for a Credible Fear Interview. Her lawyer says he faxes the request to ICE and thinks he is the only one who does that (Sandra Mooney).
*Jorge Zamudio Medina 18-24427MP (atty Deirdre Mokos) from Guatemala--I think-- got ‘time served’ after a request from Mr. Lewis for additional time due to prior felonies from 2003. His law argued that these were 15 years ago and at this time he is supporting a citizen child and a girl friend about to give birth.
*Victor Manuel Perez Hernandez 18-24429MP (atty Matthew McGuire) also received time served after protest from Mr. Lewis for a record of ‘stipulated removals’ ** and a 100 day sentence 3 years ago. His lawyer argued that because they were stipulated removals his client really did not understand the gravity of reentry and now did. Judge Markovich cautioned both these defendants not to return as consequences could be very harsh.
William Amaya Gomez 18-24439MP (atty Patrick Doyle) has asked for asylum and a credible fear interview. This was already in his record and his lawyer reiterated this in court and said his client was on his way to see an asylum officer. He did not send paperwork.
Rafael Merlan Jaimes 18-24447MP (atty Ricardo Bours) from Guerrero MX was given time served which was also protested by Mr. Lewis due to prior criminal history. His lawyer argued that he was the only support of his family.
*Cristobal Caal Choc 18-24412 (atty Rodolfo Valenzuela) is a Quiche speaker and was held over to await an interpreter.
*Pablo Pacheco Tum 18-24414M (atty Luis Parra) was confused even when seen alone at the end of his group. He was continued with no date given.
The judge sentenced the 1325/1326 group to 2100 days with a few recommendations as to where the time will be served. These recommendations which judges usually grant are not binding and the final decision is made by the Bureau of Prisons.
The prisoners when they are unshackled in the adjoining room are instructed to keep their hands clasped behind their backs. Compliance varies. Today almost no one kept his/her hands clasped. This judge is very polite, clear and thorough—I don’t know if the judge affects the atmosphere in the courtroom.
- Katrina Schumacher
**Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States. Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he/she is waiving the right to trial and to appeal, and is prepared to be removed immediately. The stipulation of removal must still be signed off by the judge before whom the hearing is to take place, but the noncitizen need not be physically presented to the judge. It is authorized under Section 240(d) of the Immigration and Nationality Act of 1965 According to the United States Code of Federal Regulations: "A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States." Stipulated removal applies only to those who are scheduled for regular removal proceedings, and does not apply to people who are being removed through other summary procedures such as expedited removal, reinstatement of removal, or administrative removal for aggravated felons. (Wikipedia)