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.

Advertisements

0 Responses to “Fr. Jim’s Observation”



  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: