Magistrate Judge D. Thomas Ferraro, 15 attorneys, Federal Prosecutor Ms. James, 6 marshals, 2 interpreters and a few other court officials
Observers: There was a full courtroom today with perhaps close to 100 people from all over the U.S. with members of local humanitarian groups and churches.
Since shackles are back in the courtroom each judge is conducting these hearings in different ways. This judge had the first group of 12 prisoners to be dismissed or continued before him as we entered. After that 40 shackled migrants charged only with the misdemeanor of illegal entry came in with shackles clanking, sat and heard the judge read the charges and consequences to the whole group. Judge Ferraro then called 7 to 11 people to stand in front of him. He asked each group the two questions one time—Did you understand the charges and consequences I just explained to you? And, are you pleading voluntarily? He does not repeat the questions for each defendant as most judges do but goes down the line, ‘And you Ms. Lopez? and you Mr. Gutierrez?
A difference this time was that attorney Bacal asked that the judge be sure that his client remembered the charges he gave to the group so the judge asked if they understood and went down the line with that question. He then did this with most groups At least one other lawyer has objected to this manner of questioning so today Judge F asked the later small groups if they remembered.
The plea bargain group was only 23 as 5 had been dismissed and 2 continued
It was difficult for me to hear today but there were some mentions of Credible Fear and asylum. Attorney Ore-Giron said that there were many mistakes on the I 213s where migrants had not been asked screening questions or their answers were not properly noted.
Lidia Rosibel Flores Quiñonez 18-36941MP (Atty Juliana Ore-Giron) from El Salvador, did want to talk to her consulate and does have a fear of returning home but did not want to pursue it right now. Time served.
Yerlin Skarleth Gomez Aguilera 18-36988MP (Atty Juliana Ore Giron) a Honduran woman requested to speak to the Honduran Consulate and did have fear of returning home. Time served.
Daniel Estuardo Hernandez Fajardo 18-36989MP (Atty Alejandro Muñoz) from Guatemala was afraid of returning to Guatemala. Time served.
Luis Fernando Cayetano Fuentes 18-37016MP (Atty Juliana Ore Giron) from Mexico does have a claim of fear and will seek an interview. Time served.
Fidel Gutierrez Martinez 18-37004M (Atty Juliana Ore Giron) was continued until 11/16 and another hearing on December 11. He has a wife and two citizen children here in Tucson and his lawyer argued for release as his case proceeded. I didn´t hear the answer.
Angel Rodriguez Gonzalez 18-36919M (Atty Mark Williman) was also continued until December 11th.
Dismissed—5–1325s and 5–1325/1326 many are Central American
The 5 dismissed who were 1325 only:
Rosalino Sanchez-Gomez (Deirdre Mokos FPD); Adolfo Orpeza-Castro (Myria Garcia CJA); Vidal Lopez-Marroquin (Mark Willimann CJA); Patricia America Ramirez-Vasquez (Charles Thomas CJA); and Mariolita Ramirez-Gabriel (Natalie Haywood CJA).
The 5 dismissed who were both 1325 and 1326:
Marcos Sanchez-Perez (Charles Thomas CJA): Ezequiel Aguilar-Godinez (Peter Matiatos CJA): Valentin Perez-Santis (Saul Huerta CJA); Eluvia Celeste Larios-Tomas (Myria Garcia CJA); and Jesus Villalba-Tapia (Daniel Anderson CJA). (Lois Martin)
75 migrants were on the calendar today including 12 women. 40 migrants were from Mexico, 15 from Guatemala 6 from Honduras and 2 from El Salvador. The group of 10 dismissed at the beginning for language concerns were probably largely from Central Amenrica.
24 people were arrested near Nogales, 19 near Sasabe, 7 near Douglas and 6 each near Naco and Lukeville. 6 people were picked up between 4 and 7 days after entering Arizona.
23 people in the plea bargain group were sentenced to a total of 1455 days in prison. This was difficult to hear today because of the way in which the judge does the sentencing.