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

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