Magistrate Judge D. Thomas Ferraro, 15 lawyers
Zachary Wiest Federal lawyer
Observers: A group of 15 with Lois Martin—Stop Streamline, Katrina Schumacher--GV Sam
Procedures seem to have changed a bit. 9 people at a time now stand before the bench with their lawyers. There no longer seems to be a one-to-one correspondence of unshackled prisoners to law enforcement officers. Today there were 4 federal marshals and 2 border patrol. There were no ICE in uniform but there do seem to be some extra young men in plain clothes. These changes have taken about 30-40 minutes off the running time.
71 people were on the calendar today. 33 were charged only with 1325—illegal entry and 38 had 1325, 1326—illegal reentry (a felony). 44 people were from Mexico, 12 from Guatemala, 4 from Honduras and 2 from Ecuador. 9 cases were dismissed at the beginning of the proceedings with no country of origin or crossing information given. Usually the dismissals are for language though age may be a factor too. 7 people were picked up 5-7 days after the date they stated as their entrance into the US.
All of the 1325 group were given ‘time served’. The following people had asylum or credible fear requests that their lawyers made sure were on the record though the judge tells them he can do nothing in this court and they must bring this up with ICE before deportation.
Helio Byardy Noguera Flores 17-29921MP (lawyer Lerma)—Guatemala, Credible Fear.
Adonias Lopez Diaz 17-29925MP (lawyer McGuire)—Guatemala—addressed the court. Maybe not asylum but wanted to go to a separate hearing at first.
Luis Rodrigi Chilio Galli 1729937MP (lawyer Chavez)—Ecuador, Credible Fear.
Nelly Fabiola Simbaina Mimchala 17-29955MP (lawyer Trull)—Ecuador, Asylum.
William Ixcot Guerra 1729970MP (lawyer Bacal)—Guatemala, Asylum.
38 people and 5 of the dismissals were in the plea bargain group.
Federico Ixtepan Temich 17-29964M, from Mexico, (lawyer Bacal) addressed the court saying he was not well. He has leukemia. The judge instructed him to ask to see a doctor as soon as he gets to incarceration. He was picked up 5 days after he said he entered and got a 30 sentence for reentry.
A few people were confused and said repeatedly ‘Soy culpable’ (I’m guilty) instead of answering the question put to them. This judge skipped them in the line of 9—18 with lawyers—at the first ‘wrong’ answer and came back to them later. The judge must repeat 4 or 5 questions 30 plus times and got confused himself at times. Zachary Wiest and others corrected him.
Judge Ferraro sentenced 2700 days of incarceration or more that 7 years. 6 people were sentenced to the maximum 6 months. At $161 a day to keep a prisoner in prison, that’s $434,700 of our tax dollars for one day out of 4 per week in Tucson which is one sector out of 9 on our southern border.
- Katrina Schumacher