Magistrate Judge Leslie A. Bowman, 16 attorneys, Federal Prosecutor Ms. Cassidy
75 shackled migrants including 4 women were on today’s calendar. This judge only gives date of entry but later told us that there were many people from Honduras and Guatemala. Most had entered the country within the last 3 days but 12 had entered 4 to 7 days before their arrest.
8 migrants were dismissed at the beginning of the proceedings for language concerns and 1 later. Usually these are people who are being picked up for the first time, have no criminal record and speak an indigenous language. It is easier to deport them than hold them and find an interpreter. If the person has a prior record s/he may be held until an interpreter can be found. The interpreter may be in California while the defendant is incarcerated in Arizona—a difficult scenario to translate English legalize into Mam (K’iche, Cabecar, Q’anjob’al), where those words may not exist, over a TV hearing.
Martin Almada Salazar 18-36529M (Atty Mark Willimann) had his initial hearing and was continued until December 3 at 10:00. He is an older man with hearing and visual impairment.
36 migrants charged only with illegal entry (1325) were sentenced to Time Served and deported. 29 people with the additional charge of Illegal Entry after Removal (1326) were sentenced to 1,440 days of incarceration which will mostly be served in a Core Civic private prison in Florence.
5 migrants had ‘credible fear’ or asylum claims. It was very difficult to hear any interaction between the judge and the attorneys because of 10 shackled defendants, 10 lawyers behind them and 10 more shackled defendants entering during the proceedings. It seemed very intimidating and dehumanizing.
Javier Arturo Guerrero Barahona 18-36521MP (Atty David Maldonado) had entered Arizona on October28 and was afraid of returning to his country.
Josue Oswaldo Rodriguez Rodriguez 18-36543MP (Atty Tamara Mulembo) will ask for asylum.
Nery Caballero Rodriguez 18-36562MP (Atty Alejandro Muñoz) has a credible fear claim.
Bryan José Escobar Garcia 18-36523M (Atty Daniel Anderson) has a credible fear claim.
Rudi Anibal Hernandez Lorenzo 18’36579M (Atty Daniel Anderson)--credible fear.
Observers: 2 GV Sams, a group of about 15 university students and two professors from the Honors College at Northern Arizona University. Judge Bowman came back to speak to them and answer questions after Streamline.
When asked about where the migrants would serve time, Bowman said in Florence at the Core Civic prison. The judge also clarified terminology, saying there are many euphemisms, such as “migrants being held” or ¨detained¨, but she clarified those mean “imprisoned.”
Bowman also said she has no discretion in sentencing, but does have some discretion in “continuing” cases and in “dismissing” them usually in consultation with the prosecutor.
Judge Bowman said the judges had been urging thorough testing of the Spanish language ability of the lawyers after one had been found to be less than fluent.
- Katrina Schumacher