An Indefinite Sentence
Guest post by Cecilia Anguiano, rising 3L at Lewis & Clark Law School.
The red, white, and blue of the American flag stands boldly next to the Department of Justice Seal. Similarly, the front wall of the room is painted blue while the rest of the walls are white. The red of his jumpsuit completes the color sequence.
Judge Partida inquires whether the detainee’s background check on file is the most recent. It is not. It will take several weeks to run a new background check so a new hearing on the merits of the case will be scheduled.
His custody hearing is also scheduled for today. His defense attorney states she is prepared to present evidence to advocate for his release while his case is pending. This is news for the Assistant Chief Counsel as this detail wasn’t noted on the docket. She has the burden of proof of proving that the detainee is a danger to society and if not, must prove that he is a flight risk. She asks that she be able to submit her evidence at the merits hearing set for over a month from now. Defense counsel interjects,“Your honor, my client has now been sitting in detention for 1,126 days. If the government is not ready they are not ready. I ask that we proceed.”
This isn’t criminal court. He isn’t being sentenced for a crime. This is immigration court inside of the Otay Mesa Detention Center.
This proceeding is unusual. In fact, this detainee is lucky. He has a zealous advocate sitting next to him from the ABA Immigration Justice Project. On average seventy percent of detainees at this Detention Center won’t have legal representation.
Immigration Judge Partida takes a fifteen minute recess to allow the Assistance Chief Counsel to prepare her hearing documents. The man in the red jumpsuit asks to use the restroom. A guard in the back of the room speaks into his handheld radio and motions for him. The detainee passes the three wooden pews and exits not knowing if he will be getting out or if he will be ordered removed.
1,127?
-posted by KitJ on behalf of Cecilia Anguiano