Magistrate Judge Lynnette C. Kimmins, Federal prosecutor Lynch, 17 defense attorneys, 5 US marshals and security, a representative of the Mexican Consulate, 2 interpreter and a few other court officials
75 migrants/refugees on the docket today and probably a few were long time undocumented US residents. 49 migrants were charged with the misdemeanor of Illegal Entry. 26 had the additional felony charge of Illegal Re-entry after Removal. This judge does not mention country of origin but talking to the Mexican rep and lawyers it seem that a little more than half were from Mexico. After dismissing 9 migrants (8 petty and one plea) Judge K addressed the attorneys saying that she had all the requests for Bureau of Prisons and Credible Fear in front of her and that they would be in the minute records but she would not mention them in open court. She added that the lawyers could speak for their clients and she did ask each time if anyone wished to speak.
Only two women were among the migrants today. 28 people—not counting those dismissed—were arrested on the same day they entered Arizona. Three were arrested as they attempted to enter through a port of entry. 8 migrants spent 6-9 days in our desert before being arrested. This judge phrased it, ‘ I understand that you entered Southern Arizona near Lukeville on February 25, 2019 and you were found on March 5. Is that true?’. Going west to east, 13 people were arrested near Lukeville, 23 near Sasabe, 20 near Nogales 4 near Naco and 7 near Douglas. Those dismissed were probably speakers of an indigenous language and a few lawyers put other—mostly Guatemalan—languages on the record including Mam, Achi, Q’eqchi (or K’iche) and Q’anjob’al
Two requests for Credible Fear Interviews were put on the record though there may likely have been more.
David Lizandro Vasquez Orozco 19-23886MP (Atty Peter Raptis) from Guatemala is seeking a CFI. His lawyer did not say who he had contacted. We know that prisoners are no longer allowed to take paperwork with them. Time served.
Saira Karina Gonzalez Carias 19-23893MP (Atty Bert Vargas) entered Arizona on 2/27 and was picked up on 3/5. Her CFI request was (I think) on her I 213 and her lawyer was advocating for her. Time served.
Neftali Flores Martinez 19-23917 and her husband Jorger Leonel Vasquez Martinez 19-23918 requested deportation together. Lawyer Jessica Ruiz has spoken to the border patrol.
Oscar Ovilla Gamas 19-23891M (Atty Peter Raptis) asked to address the court. The judge told him to wait until sentencing. He said this was his first time entering and felt his case should get ‘time served’ rather than the 30 day sentence he was given. The judge said that different things influenced the sentence and she could not change it but he could withdraw his guilty plea if he wished. He went ahead with the 30 days.
25 migrants were sentenced to 1070 days of incarceration usually in a Core Civic private prison.
Only one person had the maximum 180 day sentence and 18 had the 30 day sentence reserved for people picked up for re-entry for the first time.
Observers/visitors: There was a large group from Borderlinks and another from a U of A class. 7 individuals with 2 GV Sams.
Several people commented on the courtesy of this judge and the attention paid to each defendant. She addresses each group of 8 and questions each person individually as the group of 8 stands before her. Her questions are clear and systematic. She is very careful in questioning people to ascertain comprehension if a lawyer puts an indigenous language on the record. There is a dissonance between her kind behavior and shackles and abruptness of the process.