DeConcini Federal Court, a criminal, not immigration, court 1:30 - 2:30
Magistrate Judge Bernardo P. Velasco, Prosecutor Zachary Weist, 3-4 marshals
Shackles today starting with a group of 10 being dismissed or continued and then groups of 8 with a group standing before the judge and a seated group waitng.
There were 75 migrants including 6 women. 38 migrants were from Mexico, 20 from Guatemala, 3 each from Honduras and El Salvador and one from Peru. 25 people had been arrested near Sasabe, 16 near Lukeville, 15 near Nogales (including 5 attempted entry at the port), 5 near Douglas and 3 near Naco. 12 people entered the Arizona desert 5-8 days before their arrest.
Only 10 migrants had the lesser charge of illegal entry and 65 had the additional felony charge of illegal re-entry after removal. All the attempted entry people were in the first group and two of that group were dismissed.
Mateo Lucas Perez 18’34240MP (Atty Patrick Doyle) had requested a Credible Fear Interview but withdrew it when his case was dismissed.
5 of the plea group (1325/1326) were dismissed and 3 were continued. Those continued are often awaiting an interpreter.
Juan Carlos Reyes Solorzano 18-34251 M (Atty Victoria Trull) from Mexico was continued until October 17.
Carlos Macario Macario 18-34199M (AttyJay Marble) was continued until October 15 at 9:30.
Nicolas Mendez Vasquez 18-34185M (Atty Benjamin Aguilera) I think was continued until Octpber 16 at 10:15.
One Credible (Reasonable) Fear request.
Jose Luis Maciel Garcia 18-34233M (AttyFernanda Muñoz) from Mexico had fear of returning to Mexico. His I213 did not reflect this. He said he was not asked. 75 days.
57 people charged with 1325/1326 were sentenced to 3045 days of incarceration. Most migrants had 30 days, several 75 and the highest sentence was one man’s 150 days.
Observers: One Tucson Sam, one No More Deaths and one GV Sam.
Lisa, from No More Deaths had been in Organ Pipe last week when they encountered one of the large groups—this one of 50 from Guatemala—that have been arriving in that part of the desert near Lukeville. This group appeared to be trying to avoid others who may have been part of the coyotes who had left them there. The NMDs went to help and shared the provisions they had. The Guatemalans wanted to contact the Border Patrol and NMD did that. Lisa asks that we keep watch for Berbeli Janeth Hernandez Salvatierra or Salvatierra Hernandez. She is a young woman from Guatemala and has had a rough time.
One of the lawyers spoke of mornings in the OS courtroom. In the morning the courtroom is designated as a detention facility and is under the control of the marshals. The—in this case—75 migrants are shackled and are called one by one to talk to their attorneys. Each attorney has 4 or 5 clients. This attorneys asks about his client’s family history—parents, grandparents, citizen children, time in the U.S.--, possible credible fear or asylum claims and confirms personal data. He goes over the procedure in court and explains what the rights and consequences are. He stressed that he does not advise his client what to do but tries to give her/him the information to make a decision.
Judge Velasco said the shackling decision was made at a regional meeting of judges here in Tucson. He voted against returning to shackles but was in the minority.
- Katrina Schumacher