Archive for September, 2010

03
Sep
10

Br. Bede’s observations

From: Bede Baldry
Subject: Court Watch

Greetings This was a visit at Court Watch on Wednesday afternoon, Aug. 11, 2010
Judge Fujimoto
Government Lawyer: Green

It was a bad dayfor the government lawyer. At one point she said in a strong tone to the lawyer, “Don’t threaten us”. The lawyer was asking for clarification because the government showed her some papers that she didn’t know about.
I met the different lawyers that day and they were happy we were there.
Most cases were Mexican.
Many volunteer departures.
The Judge was trying to be helpful.
The Judge knows me and asks where I have been. We had a nice discussion.
I took someone with me today.

There were about 12 Mexican and then others.

The last case I was there for was a Kenyan man. This is where the government lawyer got excited. The Kenyan’s lawyer was just trying to figure something out as she didn’t have the new information.
I did talk to the lawyer after that. She is willing to help out wherever she can. Wonderful woman.


LIVE, JESUS, IN OUR HEARTS FOREVER!

Bede Baldry, FSC
Cell 773-332-7879
MINISTRY:
JUSTICE AND PEACE
Brother David Darst Center,
2834 S Normal Ave., Chicago, IL 60616, Tele: 312.225.3099

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03
Sep
10

Fr. Jim’s 8/10 Observation

Court Watcher: Jim Hoffman OFM Date & Court: Immigration, August 12, 2010

Judge: Giambastiani In court ICE Lawyer: Dan Roth in court

Spanish Interpreter, Herman Rio, in Court. Judge knew that I was in court.

Via TV: Respondents in Tri-County (Ullin, IL), Mc Henry (IL) and Kenosha County(WI) jails.

Via Phone: Tamil Translator

Family Members present & my interaction: 9 for R-11. I had no contact with them.

R-1 Via TV Tri-County COUNTRY/ORIGIN: Guatemala TIME IN US: ? TIME IN DETENTION: ? LAWYER: Present in Court. INTERPRETER: Not used. OUTCOME: Continued until Aug. 19 so ICE , Judge and lawyer could get all the documents. ISSUES: R did not have a notice to Appear. It was faxed to him. R, Judge and lawyer did not have all the documentation from ICE. R’s parents and siblings are permanent residents in US. Judge wanted R’s asylum files from Oklahoma and Dallas, TX.

R-2 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: ? TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used

OUTCOME: Continued so he could get his lawyer. ISSUES: Arrested in Feb. 10, 2010, in WI for eluding an officer. ICE did not have a conviction record on him.

R-3 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: ? TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used OUTCOME: Ordered Deported. ISSUES: Was given a $2,000 bond but has no money. Can’t afford voluntary departure. Waived his right to appear his voluntary departure.

R-4 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: ? TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used OUTCOME: Continued for time get a lawyer. ISSUES: Did not have a notice to appear. One was faxed to him. Has a $3,000 bond but does not have the money.

R-5 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: Since May 2002 TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used OUTCOME: Ordered Deported ISSUES: Wants deportation. Convicted for “criminal intent with criminal intent of a forged document”. [I’m not sure what this means. Perhaps he had a forged ID or Soc. Sec. Card.] He is married but his wife is not legal. His parents are not legal also. Cannot afford voluntary departure. Waived his right to appeal.

R-6 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: ? TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used OUTCOME: Continued so she could get a lawyer ISSUES: Has a lawyer, but the lawyer was not present. Has a conviction record for 15 grams of cocaine.

R-7 Via TV McHenry COUNTRY/ORIGIN: Sri Lanka TIME IN US: ? TIME IN DETENTION: ? LAWYER: NO INTERPRETER: A Tamil interpreter via phone OUTCOME: Continued so he could get in touch with his lawyer. ISSUES: He is 18 years old. He knows absolutely no English. (Office at McHenry said that when we say something to him, he just smiles.) He said that his father has obtained a lawyer for him, but he never spoken with the lawyer nor does he know his name. Even with the interpreter, the judge had difficult time explaining to him that he should ask for a continuance to have the time to contact the lawyer his father has obtained for him.

R-8 Via TV Kenosha COUNTRY/ORIGIN: ? TIME IN US: ? TIME IN DETENTION: ? LAWYER: Present in court INTERPRETER: Used. OUTCOME: Continued to Sept. 23 to vacate the cocaine possession charge.

ISSUES: Charged and conviction of possession of under gram of cocaine.

R-9 Via TV Tri-County COUNTRY/ORIGIN: Iraq TIME IN US: ? TIME IN DETENTION: ? LAWYER: Present in court INTERPRETER: not used OUTCOME: Continued for 30 days to give ICE time to appeal his bond the Judge granted. ISSUES: He is an Iraqi who came here to train as airplane pilot. He was terminated when ICE found out he married a US citizen. ICE arrested him as he got into a cab at O’Hare airport. Again this morning ICE did not have his file. Lawyer argued that he was free to leave the US. ICE disagrees. Lawyer requested a bond of $2,500. Judge ordered a bond of $6,000. ICE demanded 30 days to appeal the bond of $6,000. [I hope I understood what was going on here.]

R-10 Via TV Kenosha COUNTRY/ORIGIN: ? TIME IN US: > TIME IN DETENTION: ? LAWYER: Present in court. INTERPRETER: Not used. OUTCOME: Continued for lawyer to get a waiver. ISSUES:

R-11 Via TV Kenosha COUNTRY/ORIGIN: TIME IN US: TIME IN DETENTION: LAWYER: INTERPRETER: OUTCOME: ISSUES:

At this point, a lawyer and 9 visitors came into the court room so there was no room for me. I left. The lawyer sat down at the table before the judge and next to the interpreter.

Comment on the quality of the LEGAL representation and describe any negatives or unusual circumstances about any respondent’s lawyer. Again, the judge took R2, R3, R4, R5 and R6 together and explained to them their rights. It was the first appearance for all. Three wanted a continuance which was granted and two wanted deportation which was granted.

General courtroom conduct: professionalism of judge, attorneys, staff, etc. .

Other happenings of note not covered above or any other comments. The judge and the various jails had a hard time finding R-8. He was finally found at Kenosha. Also the judge had trouble contacting the interpreters by phone. She didn’t have the proper access codes. Then, when she got an operator, She had to spell her name twice before she was given the codes.

Off the record, the Judge commented: “What do I say when someone whom I have just deported says Thank You?”

Submitted by Jim Hoffman OFM

03
Sep
10

Fr. Jim’s Observation

There was no Court on Thursday July 8, 2010

Court Watcher: Jim Hoffman OFM Date & Court: July 15, 2010 Immigration Court,

Judge: In court Jeannie Giambastiani ICE Lawyer: in court Daniel Roth

Spanish Interpreter in Court Jean Little. Judge knew that I was in court. In fact the judge asked me if I want to join them (Clerk, Jean Lttle and Daniel Roth) in a little chit chat before court convened on “hoedowns”. Respondent 6 was present in court in handcuffs accompanied by a police officer. Lawyers for R-6 and R-7 in court.

Via TV: Respondents in Mc Henry and Kenosha County jails.

Via Phone

Family Members present & my interaction: The parents of R- 7. No interaction. When I left at 10:45 AM, there were 4 people waiting, I suspect, for the next court session. I don’t know if these were respondents or family members of respondents.

Again, Judge Giambastiani took the respondents in groups. R-1 to R-5, R-6 alone, R-7 to R-9

R-1 McHenry Co jail COUNTRY/ORIGIN: Mexico TIME IN US: Since 1999 when he was 9 years old TIME IN DETENTION: Since Sept. 9, 2009 LAWYER: None INTERPRETER: Not needed. OUTCOME: Continued so he could get a 2nd opinion from another lawyer ISSUES: Arrested Sept 9, 2009 for possession of controlled substance. He pled to a lesser charge while his co-defendants went to trial wand went free. He had talked with a lawyer who told him his case was going nowhere. Judge urged him to get a 2nd opinion from another lawyer. He is 20 years old and living with his family. The ICE lawyer did not have his file.

R-2 McHenry Co. Jail COUNTRY/ORIGIN: Mexico. TIME IN US: Unknown. TIME IN DETENTION: Unknown LAWYER: None INTERPRETER: Used

OUTCOME: Continued until Aug. 12 to get alawyer ISSUES:

R-3 McHenry Co. Jail COUNTRY/ORIGIN: Mexico TIME IN US: Unknown TIME IN DETENTION: Unknown LAWYER: None INTERPRETER: Used

OUTCOME: Continued to Aug. 12 to get an attorney. ISSUES:

R-4 McHenry Co. Jail COUNTRY/ORIGIN: Barbados TIME IN US: Unknown TIME IN DETENTION: Unknown LAWYER: None INTERPRETER: Not used OUTCOME: Continued to August 12 to get a lawyer ISSUES:

R-5 McHenry Co. Jail COUNTRY/ORIGIN: Mexico TIME IN US: Sept. 26, 2005 TIME IN DETENTION: Unknown LAWYER: None INTERPRETER: Used. OUTCOME: Granted a $5,000 bond and new hearing for Aug. 19. ISSUES: He is 25 years old. He is not married and has no children. He has no arrest record. He had a $5000 bond which the government revoked. ICE lawyer had no record of this revocation. Has been living with Religious Brothers and a priest at a church.

R-6 In Court in handcuffs being detained in Kane Co. COUNTRY/ORIGIN: Mexico TIME IN US: Since 1993. He was 2 years old. TIME IN DETENTION: Unknown LAWYER: Present in court INTERPRETER: Not used. OUTCOME: Judge granted him a $1,000 Bond. ISSUES: ICE lawyer didn’t have his file. Judge didn’t have his notice to appear. Kane Co. had originally granted him a Recognizance bond and then revoked it and detained him.

R-7 Kenosha Co.Jail COUNTRY/ORIGIN: Bulgaria. TIME IN US: 1999 entered as a lawful permanent resident with his family. TIME IN DETENTION: Unknown. LAWYER: Present in court INTERPRETER: Not needed OUTCOME: Continued until Aug. 19 for him to make some application. ISSUES: ICE lawyer moved to withdraw an aggravated felony charge. There was some question about a possession of controlled substance charge.

R-8 Kenosha Co. Jail COUNTRY/ORIGIN: Mexico TIME IN US: since 1996. He evidently got stooped at the border six times in 1996 TIME IN DETENTION: Unknown LAWYER: NO INTERPRETER: Used OUTCOME: Ordered deported. He waived his right to appeal the order. ISSUES: He is 35 years old. In a common law marriage with the US citizen and has 2 US citizen daughters, ages 4 and 10. His lawyer told him he has no chance of staying in the US. He has no money for a bond (Judge offered to give him a $7,000 bond) or getting another lawyer. He said he could not raise the $500 for voluntary departure. He says that his family doesn’t want to help him

R-9 Kenosha Co. Jail COUNTRY/ORIGIN: Mexico TIME IN US: Since 2001 TIME IN DETENTION: Unknown LAWYER: None INTERPRETER: Used OUTCOME: Continued to Aug. 19 to get a lawyer ISSUES:

Comment on the quality of the LEGAL representation and describe any negatives or unusual circumstances about any respondent’s lawyer.

General courtroom conduct: professionalism of judge, attorneys, staff, etc. .

The judge allowed R-7’s parents to step into the “inner sanctum” of the court to see and say hello to their son who was on the TV monitor and for him to see and say hello to them.

Judge told R-1 that immigration law is very complicated and she could not act as his lawyer.

For R-6, the Judge said that waiting until August 19 for a bond hearing was unreasonable. So she granted him a $1,000 bond.

Other happenings of note not covered above or any other comments.

The court had trouble locating a Respondent by the name of Garcia. He was not at McHenry. I’m not sure if they found him later. Also, the ICE lawyer was missing some of the Respondents documents. Also the Judge was missing some documents.