10
Nov
10

Observations, Jim Hoffman, OFM

Court Watch report, 11/4/10, Immigration Court Rm. 2. Judge Dimarzio, ICE Lawyer, Dan Roth

R-8 Via TV COUNTRY/ORIGIN: Mexico TIME IN US: 2005 first entry. Born May 1986. TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used. OUTCOME: VOLUNTARY DEPARTURE by Nov. 10 ISSUES: R did not have a copy of his Notice to Appear. A copy was faxed to him. Removability was established. ICE said R has no criminal record. R married. His wife is illegal. He has Mexican child.
R worked in construction. R does not know if his employer has filed for worker permits for him. Judge gave R Voluntary Departure and Judge again explained Voluntary Departure in detail but his explanation differed from the explanation given to R-7. Also, R-7 was given 120 days to leave by voluntary departure. R-8 was given a week to carry out Voluntary Departure.

R-9 Via TV COUNTRY/ORIGIN: Mexico TIME IN US: Born 5-21-73. Entered US at El Paso Dec. 2, 1981 as a lawful permanent resident. TIME IN DETENTION: ? LAWYER: NO INTERPRETER: Used. OUTCOME: CONTINUED to Dec. 15 ISSUES: His conviction Record; (1) sentenced to 5 years for a violent crime and (2) Possession of a “look alike substance” with intend to distribute. ICE wants to look into his conviction record. R has contacted NIJC for a lawyer but they have not accepted “a collect call” when he calls. Judge asked him to keep trying to get a lawyer. R does not know his parents. He was raised by his grandparents in the US whom he calls dad and mom. His grandfather is a US citizen. R is trying to find out if his grandfather was a US citizen before R was born and did they legally adopt him. Because of conviction (1), R is ineligible for voluntary departure. Judge asked R if he feared being deported to Mexico. R responded: “Friends of mine who have been deported to Juarez tell me that I will either have to work for the drug cartels or be killed.” Judge gave R and I589 form so he could apply for a Withholding Order from Deportation. Judge told R to fill out the form completely and send in 4 copies. R should also get records of his grandfather’s citizenship and copy of his entry paper at El Paso. Without a lawyer, to get the papers from El Paso may be difficult. ICE said that R has to get the documents from EL Paso

R-10 Via TV McHenry COUNTRY/ORIGIN: Mexico TIME IN US: Since 1990 TIME IN DETENTION: LAWYER: Present (Jacob Otanga). INTERPRETER: Not used. OUTCOME: CONTINED to Dec. 20

ISSUES: Master Calendar (Setting) Hearing. Removability established. R admitted to one drug possession. R has a petition in state court pending for a dismissal of a conviction. The ruling will come Dec. 15. Two young women were present in court.

General courtroom conduct: professionalism of judge, attorneys, staff, etc. . Judge gave R-8 Voluntary Departure and Judge again explained Voluntary Departure in detail but his explanation differed from the explanation given to R-7. Also, R-7 was given 120 days to leave by voluntary departure. R-8 was given a week to carry out Voluntary Departure.

I credit the judge for recognizing with R-9 the danger of deporting people to Mexico.

Other happenings of note not covered above or any other comments. I don’t know how an incarcerated person with no lawyer will ever get any documents from US government agencies. I don’t know if it is arrogance on the part of US agencies or just plain they are too busy to reply, especially if person is incarcerated. This is perhaps another flaw in administrative courts when you are “guilty until you prove your innocence”.

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1 Response to “Observations, Jim Hoffman, OFM”


  1. 1 Johnd36
    July 24, 2014 at 3:54 am

    Very interesting topic, appreciate it for putting up. dbgecdfeedcd


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