Magistrate Judge Maria S. Davila, Prosecutor Cassidy James, 16 defense attorneys, 4 U.S. Marshals, Mexican Consulate Rep, 2 simultaneous interpreters and a few other court officials.
75 migrants were on the calendar today including 8 women—all in 5-point shackles. 31 were charged with the misdemeanor of Illegal Entry (1325) and 44 migrants had the additional felony charge of Illegal Reentry after Removal (1326) which carries prison time. 49 people were arrested the day they entered Arizona and 25 people spent 75 days in the desert before arrest. This judge does not mention country of origin or where in Arizona the person was arrested.
2 migrants were dismissed at the beginning of the hearing with no reason given. Judge Davila addressed all of the lawyers asking if they thought their clients understood the charges. She then addressed the whole 1325 group. Three times during her colloquy she asked who ever did not understand what she just said (charges and consequences, trial rights, plea bargain conditions) should stand. No one did. Then she called people up by 7s and asked each the regular 3 or 4 questions. After each group of seven she asked if any counsel wanted to be heard. There were a few requests for Credible Fear Interviews and prison placement.
Yibia Yaneth Salguero Arellanos 19-31938MP (Atty Jay Marble has a CFI claim noted. Time served.
Alez Ariel Hernandez Orozco 19-31939MP (Atty Raul Miranda) has a CFI request on his I 213 but is thinking of withdrawing it. Time served.
Roberto Sarat Hernandez 19-31946MP (Atty Gregory Solares) is asking to withdraw his CFI request. Time served.
Fabian Israel Albarracin Velecela 19-31962MP (Atty Daniel Anderson) does want a CFI. Time served.
Katerin Yaquelin Mendez Martinez 19-31989MP (Atty Jessica Ruiz) does want a CFI. Time served.
Elito Osmin Perez Damas 19-31958M (Atty Kevin Lerch) from Guatemala is a permanent resident of Mexico and lives there with his Mexican wife and a U.S. citizen child. He wants to be deported to Mexico and not to Guatemala. 30 days.
44 migrants were sentenced to 2,205 days in federal prison—most likely a private prison run by Core Civic.
Yuma OS had 34 on the docket today with 8 women and 4 people from India.
Magistrate Judge Leslie A. Bowman, Prosecutor Lynch, 17 defense attorneys, 4 US Marshals and security, 2 simultaneous interpreters, a Mexican Consulate Rep and a few other court personnel.
Observers: MD Jakle from Rio Rico, and GV Sams Martha Jane Gipson and Katrina Schumacher.
75 migrants/refugees/and probably a few long time undocumented US residents were on the calendar today: 10 women, 65 men. 30 migrants were charged with the misdemeanor of Illegal Entry (1325) and 45 had the additional felony charge of Illegal Reentry after Removal (1326). 34 people were arrested on the day they entered Arizona—6 for attempted entry. 36 migrants spent 84 days in the Arizona desert before arrest. 4 of these spent about a week each.
Judge Bowman does not mention the country of origin or where the migrant entered Arizona. She addresses the attorneys telling them that she has all requests in front of her and will not mention them in open court. She also will not ask for comments though they are free to make a record if they wish. She addresses 10 migrants at a time and with 10 lawyers behind them it is crowded in front of the bench. As she does not ask for comments, when a lawyer wants to speak s/he does so as the group is beginning to shuffle toward the exit in their 5-point shackles.
5 migrants were dismissed at the start of the proceedings. This is usually because s/he is from Southern Mexico or Guatemala, speaks an indigenous language and does not have a serious enough offense to warrant getting an interpreter. Other reasons for dismissal are if someone is under age 18 or if she/he is having a hard time understanding. These folks begin their journey home today without a criminal record.
1325s Credible Fear Interview (CFI) requests.
Emmanuell Verdiguel Cebrero 19-31331MP (Atty Jay Marble) from Guatemala is requesting a CFI. Time served.
Miguel Zavala Espinosa 19-31388MP (Atty Jay Marble) asked to address the court. He asked the judge to give him a hearing with an immigration judge to study his case. ‘Please Señora Juez’. He is requesting a CFI. The judge told him she could do nothing here and he needed to speak up when he got to immigration and advocate for himself. Time served.
Lesbia Noemi Grajeda De Leon 19-31393MP (Atty Joel Parris) from Guatemala is requesting a CFI which is not reflected in her I 213. Time served.
Maria De Jesus Bustos Ruiz 19-31316M (Atty Rosemarie Valdez) was using crutches and had at least one hand unshackled. She fell off the wall in Nogales. 30 days.
Sandra Isabel Morquecho Morquecho 19-31379M (Atty David Valadez). Her attorney said she was requesting a CFI which had not been noted (?). The judge directed him to make sure the clerk had the information. 30 days.
44 prisoners were sentenced to 2025 days most likely in private Core Civic Federal Prisons. 28X30 and the rest were 75 or 60 days. At $161 a day that’s $326,000 just for the incarceration costs for one day in court in one sector of the southern border paid for by the taxpayers including some of the people in this court today.
On the Evo Deconcini Federal Court website they are now posting the Yuma Streamline Calendar. This usually runs less than 20 migrants and mostly misdemeanors. You can call the John Roll Federal Court in Yuma to check this out.
- Katrina Schumacher
At today's meeting, folks working at the Comedor (in Sonora, Mexico), the monastery (in Tucson), or observing at Operation Streamline (at the US Federal Court building in Tucson) all report that the people, including significant numbers of young children, who want to make a case of "credible fear" to US authorities, are having to wait in Mexico. They are in Mexico for weeks and even months, just to present themselves, as a consequence of the policy of "metering," which seriously limits the number of people allowed to state their desire for a hearing.
- Sandra Rooney
Magistrate Judge Bruce G. MacDonald, Prosecutor Lewis, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters, Mexican Consulate rep and a few other court personnel. Observers: Samaritans Kathy and Katrina
75 migrants/refugees and maybe a few long time US residents are on the docket today including 7 women. 19 migrants were charged with the misdemeanor of Illegal Entry (1325) and 56 had the additional felony charge of Illegal Reentry after Removal (1326). This judge only mentions the date of entry into Arizona. 45 people were arrested on the day they entered Arizona—three attempting to enter at a port of entry. 26 migrants had 121 days in our desert before arrest though 4 people accounted for 46 of those days.
4 migrants were dismissed—most likely for language issues—and one continued at the start of the proceedings.
Domingo Ixquer Tziquin 1931031M (Atty David Valadez) was continued until 7/16/19 at 3:00 for a K’iche interpreter.
Judge M addressed the lawyers telling them that he had all requests for Bureau of Prisons and Credible Fear Interviews (CFIs) before him and he would not repeat them in court—but then he did put some of the following on the record himself as they came up.
1325 s Credible Fear Interview requests--no elaboration by attorneys.
Katherine Manuela Martinez Castillo 19-30978MP (Atty Cheryl Blum)
Jonny Blondy Medina Soto 19-30982MP (Atty Hortencia Delgadillo)
Yenifer Aracely Martinez Castillo 19-30984MP (Atty Patrick Doyle)
Helen Indira Medina 19-30986MP (Atty Chris Kilburn)
One man, Lorenzo Caceros Orrego did not appear to understand and sat down again with his lawyer until the end of the group. He was extremely thin and appeared shaky though he had been arrested on the day he entered the country. He could not keep his pants up as he shuffled to sit down and rise again. Pulling up your pants with shackles on your wrists and waist is a struggle. No shoelaces, no belts and 5-point shackles.
Julio Ailon Velasquez 19-31003M (Atty Raul Miranda) from Guatemala was separated from his 16 year-old son at the border. Mr. Miranda and Judge M talked about getting as much information as possible. Mr. Miranda called his client’s wife. They have a cousin in Oklahoma who was ready to help if need be. 75 days.
Edgar Francisco Orellana Reyes 19-31004M (Atty Fernanda Muñoz) is requesting a CFI which was not noted on his I 213.
Cruz Maria Nunez Bonilla 19-31032M (Atty Rosemarie Valdez) from Honduras does (noted incorrectly on her I 213) have fear of returning home and is requesting a Reasonable Fear Interview. 75 days.
Rosario Perez Valdivia 19-31039M, (Atty Cheryl Blum) a Mexican Woman, addressed the court asking to be deported before her 30 days were up. She had been arrested for attempted entry. Judge M. explained that he had no discretion. 30 days.
Cupertino Ramirez Lopez 19-31050M (Atty Raul Miranda) has diabetes. His lawyer said he seemed very shaky and probably needed his meds. He was wearing a yellow armband which may be what they are now using to denote a medical condition. And was instructed to ask for medical attention as soon as he arrived in Florence. 30 days.
Francisco Javier Flores Landaverde 19-31051M (Atty Fernanda Muñoz) from El Salvador did not have the rights available to people from that country explained at the border. The judge and his lawyer discussed getting him information on this. He was arrested 10 days after he entered Arizona. 30 or 75 days. Judge MacDonald was using Judge Ferraro’s script today and read off the sentences in a group—30 days for so-and-so, so-and-so and so-and-so, 75 days for Fulano, Fulano, Fulano and Fulano. It was very difficult to follow who was sentenced to what.
Languages put on the record included K’iche, Zapoteco, Two people answered in English and were corrected—You must answer in Spanish because you are using the services of an interpreter.
52 migrants were found guilty of Illegal Entry, had the charge of Illegal Reentry after Removal dropped and were sentenced to 2,215 days of incarceration most likely in a Core Civic private federal prison.
- Katrina Schumacher
As a Samaritan, I volunteer at El Comedor in Nogales, Sonora where we go every Tuesday to help feed migrants. Sometimes when crossing back into the U.S., Border Patrol asks us what we were doing in Mexico. When we say feeding migrants at the Comedor, we get various responses from cold stares and silence to a rare “Thank you for what you do.”
At the I-19 checkpoint north of Tubac, BP is used to seeing the Samaritan vehicle with the sign on the side. On a recent trip, there were four of us returning from Mexico, and for once, Shura, our leader, was not driving. Instead Harry was driving with Steve in the passenger seat. Shura and I were in the back seat.
Much to our surprise, after pulling up to the checkpoint, the BP agent took one look at us, smiled and waved us through and said, “I see the boss is in the back!” We all laughed as indeed, the boss was in the back. For a moment we were all just folks, enjoying a light-hearted laugh.
- Gail Frank
Magistrate Judge Eric J. Markovich, Prosecutor Cassidy James, 16 defense attorneys, 4 U.S. Marshals, 2 simultaneous interpreters and a few other court personnel.
75 migrants were on the calendar today including 7 women and all 75 shuffled in in 5 point shackles, no belts, no shoelaces and the one shirt they were allowed to keep when they were arrested. The benches in the courtroom were filled. 13 people were charged with the misdemeanor of Illegal Entry (1325) and 62 had the additional felony charge of Illegal Re-entry after Removal (1326).
31 migrants were arrested on the day they entered Arizona and 39 spent a total of 86 days in the desert before arrest (Those arrested near Sasabe and Nogales spent 57 days in the desert before being picked up). From west to east, 18 people were arrested near Lukeville, 24 near Sasabe, 16 near Nogales, 6 near Naco and 6 near Douglas.
3 migrants were dismissed and 2 continued at the beginning of the proceedings. The dismissed included a Mixteco and a Q’anjob’al speaker.
Enior Ruben Rodreiguez Salgado 19-30584MP (Atty Jessica Ruiz) was continued until 6/28 at 1:30. He had been injured and had some surgery so also needed medical care. They are disputing some of the information on his I 213. He is not seeking employment as they noted and he does have fear of returning home. I’m not sure what the medical condition refers to as he was arrested on 6/22.
Adolfo Lucena Cimbras 19-30558M (Atty Isabel Amsel) was continued until 7/9 at 2:00. His was an attempted entrance and they are also disputing facts on his I 213.
Judge M addressed the group of 12 charged with the misdemeanor and then called them up 6 at a time.
Paulino Martinez Vazquez 19-30559MP (Atty Bert Vargas) does have fear of return and will be seeking a Credible Fear Interview (CFI). Time served.
Silvia Elizabeth Batres 19-30592MP (Atty Kevin Lerch) was separated from her minor sister when they were arrested near Sasabe. Lawyer Lerch spoke to the judge about putting the child’s initials on the record (a child’s name can’t be put in an open record). Judge M. put instructions that they should be reunited and both will be applying for asylum. Time served.
Cesar Ponce Ramirez 19-30595MP (Atty Chris Kilburn) may have had drug priors and the Prosecutor asked that he be given 10 days. His lawyer said that he was never deported or voluntarily removed and he had never been to Colorado where the crimes were said to have taken place. This is one of the only instances when a judge has discretion in Streamline. Time served.
Judge M. addressed the 58 remaining 1325/1326 group and then called them up in groups of 5 to 9. He asked each migrant 6 questions. After each small group he asks, ‘Counsel, is there anything further on these cases?’ A few lawyers spoke up.
Jesus Torres Alvaro 19-30551M (Atty JayMarble). The judge put the CFI request on the record. 30 days.
Osman Danilo Garcia 19-30556M (Atty Nicholas Bishoff) had a misunderstanding at the time of arrest and does NOT want a CFI. 30 days.
Ignacio Sandoval Morillon 19-30561M (Atty Benjamin Aguilera) had a bad fall he when he was detained and wanted it put on the record. He was using crutches and had one hand handcuffed to the chain around his waist. 30 days.
58 migrants were sentenced to 2,655 days of incarceration in a private federal prison. That’s a little more than 7 years at a cost to taxpayers—most likely including some of the prisoners here today—of $427,000.
I like the way Judge Markovich runs his court. Having the entire group there shackled is shocking but Streamline is shocking and this makes that point. He is very clear and methodical. While he is not grim, he doesn’t joke with the lawyers/clerks around him.
Judge M. does not use some of the offensive (to me) language that some other judges use— ‘ illegal alien’, ‘without being inspected’, ‘You are using a court interpreter so you must answer in Spanish’. Best of all is that he always asks if anyone has a comment before he dismisses a group and he puts requests like CFI or prison placement on the record himself.
Observers; A group of students and 2 adults came late and left early. One GV Sam.
- Katrina Schumacher
OPERATION STREAMLINE June 17, 2019
Magistrate Judge Leslie A. Bowman, Federal Prosecutor Lewis, 16 defense attorneys, 3 US. Marshals, 2 interpreters, a Mexican Consulate Rep and a few other court personnel.
There were 75 migrants on the docket today including 4 women—all arrested during the past 3 days. About 20 migrants were in the courtroom at any one time, all in
5-point shackles—no belts, no shoelaces.
29 were charged with the misdemeanor of Illegal Entry (1325) and 46 had the additional felony charge of Illegal Re-entry after Removal (1326). 46 people were arrested on the day they entered Arizona and 26 people spent a total of 71 days in our desert before arrest. This judge does not give information on where migrants are from or where along the border they were arrested.
3 people were dismissed because they spoke Mam and K’iche and their charges did not warrant finding an interpreter.
The 29 migrants charged only with 1325 were all sentenced to ‘time served’. Those from Mexico were on their way to Nogales as court was ending. Those from Central America are held in a detention center until there are enough to fill a charter plane to Guatemala/Honduras.
No CFI/asylum requests put on the record.
Francisco Ortega Munoz 19-30219MP (Atty Fernanda Munoz withdrew his request for a CFI.
Manuel Cano Camposeco 19-30190MP (Atty Margarita Bernal) and Delfino Cano Herrera 19-30197 (Atty Patrick Doyle) are father and son and requested to be deported together. Judge B. said she would recommend that but did not have the final decision.
44 people charged with the felony of 1326 had the felony dismissed in a plea bargain and were sentenced to 2130 days of incarceration in a federal prison (27X30, 1X60, 12X75, 2X105, 1X150).
2 lawyers put an indigenous language on the record, Luis Antonino Roblero Hernandez 19-30206M had his right arm in a sling which was not explained.
Observers; There were two groups of students with teachers. One group left early and the other group of 12 are from Santa Clara University in San Jose doing an immersion program at BorderLinks.
Judge Bowman came to talk to us after court. She responded to many good questions about the history and functioning of OS as well as some existential questions.
Does punishment work as a deterrent when someone has a family or citizen children here or fears for safety or food insecurity.
She talked of OS as it was when she became an OS judge 8 years ago. No one was shackled and you would pass groups of migrants in the halls. No one ever had a problem. Later after shackling was started the 9th circuit banned it in the courtroom (due process, presumption of innocence) and there was a year (2017-2018) when there had to be as many Marshals in court as unshackled prisoners—plus one (this resulted in prisoners taken to the courtroom 7 at a time unshackled with 8 security present). After a year SCOTUS sent the case back and different regions decided on shackles. Judge B was on the committee and said it was very contentious with some judges wanting shackles always and some (like her) wanting no shackles. Shackling won though most Tucson judges voted against it and now is required when there is more than one defendant in the courtroom.
Judge B. was asked about dismissals. She spoke of a Popti speaker who was continued for an interpreter. Often these interpreters are using a telephone to do the interview and in this case with poor reception the interpreter was trying to explain in Popti, concepts of the Streamline court proceedings. It turned out that the interpreter was using the wrong dialect of Popti and the case was dismissed rather that try to find another interpreter.
Recently, I believe the judges were directed not to look for interpreters unless the charges were relatively serious. This may allow cases to be dismissed without a criminal record but also it may miss appeals for asylum.
Magistrate Judge Lynnette C. Kimmins, Prosecutor Lewis, 17 defense attorneys, 4 US deputy marshals, 2 simultaneous interpreters and a few other court/security personnel.
There were 75 migrants on the calendar today including 9 women. All entered the courtroom in 5-point shackles in groups of 8 with 16 defendants there at any one time. 30 people were charged only with the misdemeanor of Illegal Entry (1325) and 45 had the additional charge of Illegal Re-entry after Removal (1326). 29 migrants were arrested on the day they entered Arizona, 4 of those for ‘attempted entry’. 37 people spent 69 days in our desert before arrest. Migrants entering near Sasabe and Nogales spent 48 days before arrest. From west to east, 17 people were arrested near Lukeville, 16 near Sasabe, 26 near Nogales, 2 near Naco and 5 near Douglas.
This judge does not mention country of origin in court but lawyers do make a record when their client has an indigenous first language. Today Totonaco, Tlapaneco, Mixteco, Chuj and Nahuatl were put on the record and each time the judge questioned the defendant for Spanish comprehension. The 8 prisoners dismissed at the beginning of OS are usually speakers of an indigenous language with limited Spanish proficiency but this is not mentioned in court.
After 6 dismissals the remaining 24 migrants charged only with the misdemeanor were sentenced to ‘time served’.
Pablo Medina Cabrera 19-29790MP (Atty Grace Goodman) from Honduras was very hesitant in his answers and the judge had him wait until the end of the calendar. She went through the advising and questioning alone with him. He had asked for a Credible Fear Interview (CFI) but had withdrawn his request during his morning session with his lawyer. Time served.
Luis Gonzalez Gonzalez 19-29816M (Atty Jay Sagar) who entered Arizona near Sasabe 5 days before arrest will be seeking a CFI. 75 days.
Lucas Perez Lucas 19-29793M (Atty Richard Bacal) is a Chuj speaker from Guatemala who had been in this court on March 22 with Wanda Day. Time served. There was a question about his understanding in Spanish but looking at his previous record when no language question came up, he was sentenced to 75 days.
3 English speakers were in this group today. Judge K. admonished the first to answer in Spanish because he was ‘using’ a court interpreter. The second did the whole interview in English and the third used some English. This most likely indicates people who have been US residents and probably have paid some of the taxes we are using today to lock them up.
42 migrants had the felony dismissed and were sentenced to 2,395 days of incarceration in a federal prison (21X30, 2X60, 16X75, 1X105, 1X150, 1X180). Most will go to a CORE CIVIC prison in Florence AZ.
I was the only observer today. Katrina Schumacher
Magistrate Judge Maria S. Davila, Prosecutor Lewis, 16 defense attorneys, 2 simultaneous interpreters, 3 marshals and 2 extra security
75 migrants were on the docket today including 4 women. All wore 5-point shackles. 23 prisoners were charged with the misdemeanor of Illegal Entry (1325) and 52 had the additional charge of Illegal Re-entry after Removal (1326).
This was Judge Davila’s first day and she seemed relieved to make it though . She is using Judge Bowman’s script and only gives the date of entry into the country. She called the lawyers up after the dismissals and told them she had the BOP requests before her and would not repeat them. She did ask if there was anything else after each group of 8 (misdemeanors) or 9 (felonies). Two groups of 8 or 9 shackled migrants were in the courtroom at any one time.
40 migrants were arrested on the day they entered Arizona and 29 spent 101 days in our desert before arrest. 6 people were dismissed without prejudice at the start of Streamline. This is usually because a person speaks an indigenous language and his or her offenses are minor enough not to warrant an interpreter.
22 migrants charged only with 1325 were sentenced to time served and deported including one man with a prior conviction.
Luis Alfonso Quintero 19-29341MP (Atty Isabel Amsel) had a charge from 2004 for which he served 6 months. Prosecutor Lewis asked for a harsher sentence but Judge D sentenced him to time served citing the 15 year gap. Time served.
Cristhian Arececio Carranza Aguilar 19-29344MP (Atty Cheryl Blum) is seeking asylum and his request for a Credible Fear Interview is reflected in his documents. Time served.
47 migrants whose felony charge was dismissed were sentenced to 2,280 days of incarceration in a federal prison. Most will go to a Core Civic prison in Florence AZ. Private prisons incarcerate the large majority of people sentenced for immigration related crimes. If a person is successful in his or her CFI while serving time for the criminal offense s/he my be transferred to a near-by private prison to await a court date in a civil immigration court with a backed up case log of 800,000.
4 lawyers put indigenous languages on the record from Ecuador, Guatemala and Southern Mexico. Judge D. questioned each speaker to assess their comprehension in Spanish.
Ernesto Callejas Mendez 19-29366M (Atty Nicholas Bischoff) spoke for himself saying that there was an error in the paperwork done at the border and he did NOT want asylum or a CFI.
One observer, Katrina Schumacher
At the Monday, May 20, meeting we were reminded that while we hear about the asylum seekers being assisted at shelters in Tucson, there are 800 some others waiting in Nogales, Sonora, waiting to present their credible fear claim in hopes of being allowed to seek asylum in the United States. There are not enough shelters there, so many find themselves sleeping on the streets, in the cemetery, wherever they can. And their wait can be two months or more.
- Sandra Rooney