Observations and info, Jim Hoffman, OFM

Observations from Immigration Court Room #2 October 28, 2010. Judge: Dimarzio ICE lawyer: Jessica Kolaski

R-10 Via TV COUNTRY/ORIGIN: Mexico. TIME IN US: ? TIME IN DETENTION: ? LAWYER: Present in court. INTERPRETER: Not used OUTCOME: CONTINUED to Nov. 23 for hearing on R’s possibility of subpoenaing the FBI. ISSUES: R is seeking a cancelation of removal. He had been removed from the US. Then, the FBI brought him back to the US as witness in a case. After his testimony was given, the FBI abandoned him. R wants to subpoena the FBI agent who brought him back to the US as a witness to his next hearing. Lawyer said they have contacted the FBI twice and the FBI gives them a number to call for the agent in question. And, always the number dead ends. ICE objected to R getting a subpoena for the FBI agent. Judge said that ICE has until Nov. 9 to get their response back to him.

Comment on the quality of the LEGAL representation and describe any negatives or unusual circumstances about any respondent’s lawyer. R-10’s lawyer and I left court at the same time. So we talked about the case and the FBI’s action of “abandoning” R after he provided the testimony that the FBI wanted. If R had not had a lawyer present, the lawyer said that the court would simply have deported him.

The question of the subpoena of a FBI agent has again lowered my esteem for both the FBI and ICE .

General courtroom conduct: professionalism of judge, attorneys, staff, etc. . Evidently, Dimarzio (from CA) is the judge who has replaced Katsivalis. I saw Giambastiani this morning and I’m not sure which court she will function in. The cases that used to be heard in Court Room one will now be heard in court room two and this evidently will become Dimarzio’s courtroom. Dimarzio is a lot more “straight laced” and is not “laid back.” But, Dimarzio did take his time with R-4 and R-5 when they seemed confused and did not understand what the judge was asking them.

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

The questions of “Change of address forms” (R-7, R-8, R-9): According to the judge, if there is a change of court date and the R does not showup, the R will be immediately deported. With the slip-shod handling of US mail by the USPS, perhaps USPS has been responsible for deporting many Respondents.

ICE claims it is only deporting “violent” illegal aliens. None of the respondents today have been accused of “violent” crimes. Also, half of the respondents appeared in court which must mean they are on a bond or personal recognizance.


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