Sacramento lawsuit charges that lack of court hearings for undocumented immigrants violates Constitution

I might be illegal

From Sacramento Bee: For a year and a half, Jose Garcia-Alcazar has been sitting in jails in Richmond and Elk Grove while his lawyers fight the government’s efforts to deport him to his native Mexico. For more than six months now, Garcia-Alcazar, who has three children who are U.S. citizens, has not had a hearing to determine whether he is eligible for bail while the immigration courts figure out what to do with him.

Lawyers for the former car-wash employee in Rohnert Park call his extended stay in jail a case of indefinite detention. They also call it unconstitutional, and they say it stands in direct defiance of a 2011 appellate court ruling that guarantees incarcerated aliens a bail hearing – even if they have criminal records and made their way back to the United States after having already been deported. Garcia-Alcazar, 30, has drug convictions and once associated in Mexico with “coyotes” who smuggled people into the United States, one of his lawyers said.

Earlier this month, Garcia-Alcazar’s attorneys filed a lawsuit in federal court in Sacramento seeking class-action status to try to reinstate bail hearings for him and an untold number of other undocumented immigrants illegal aliens. In the lawsuit, the lawyers are challenging a memorandum issued by an immigration judge in San Francisco that says people like Garcia-Alcazar who return to the U.S. after being deported are not entitled to “redetermination” hearings that would give them a chance to make their case for bail.

While an immigration judge’s decisions are usually confined to his or her own courtroom, lawyers for Garcia-Alcazar say the one made by Anthony S. Murry on Dec. 12 has been reduced to an eight-page memo that is now being widely distributed. The plaintiff’s attorneys noted that the memo came out and that bail hearings began to be curtailed just a month after President Donald Trump was elected on a campaign that promised to build a wall across the southern border of the United States and cut off illegal immigration from Mexico.

“It is kind of weird that it started happening toward the end of the year,” said Joseph LaCome, the attorney who wrote the briefs in the case filed in Sacramento and who has filed similar lawsuits in Phoenix and San Francisco.

According to LaCome, it had been common practice in immigration courts before the election for judges to hold the bail hearings. He said such proceedings have since tailed off to “nothing.”

On Tuesday, the Trump administration released two memos outlining its enforcement strategy on illegal immigration. Along with the construction of the border wall, the plan called for hiring 10,000 new immigration control officers and 5,000 additional border security officers as well as for having local police departments use their personnel as immigration officers.

The administration’s memos also proposed a surge in “the deployment of immigration judges and asylum officers to interview and adjudicate claims asserted by recent border entrants.” They call for “establishment of appropriate processing and detention facilities,” within a hundred miles of the Mexican border. And they aim to achieve a sharp reduction in what the administration calls the parole of aliens while their immigration cases are pending, which has enabled thousands of them, the administration contends, to abscond from the law.

In response to Trump’s action plan, the director of the American Civil Liberties Union’s immigrants rights project, Omar Jadwat, said, “Trump does not have the last word here.” Jadwat promised legal action “if they go back to discredited detainer policies that we’ve already beat in court numerous times,” an outcome that the Garcia-Alcazar lawsuit suggests is already taking place.

Kathryn Mattingly, the spokeswoman for the U.S. Department of Justice’s Executive Office of Immigration Review, which oversees the nation’s immigration courts, said in an email Wednesday that Murry’s memo “was an independent decision by an immigration judge for one particular respondent.” She said such memorandums “are not distributed to EOIR staff as they apply only to the individual case for which they were written.”

Plaintiff’s attorney LaCome, however, said he has been told by an attorney for the Office of the Chief Counsel – the arm of the Department of Homeland Security that prosecutes cases in immigration court – that Murry’s memorandum is now being distributed around the country, making the case to deny bail hearings to immigrants from coast to coast.

“The OCC attorney told me they took it and ran with it all over the 9th Circuit,” LaCome said. “The attorney told me it also was going all over the country.”

A spokesman for U.S. Immigration and Customs Enforcement, which oversees the government’s lawyers in immigration courts, declined to comment on any pending case.

LaCome maintains in the suit, filed Feb. 9, that the Murry memorandum violates the 2011 Diouf decision by the 9th U.S. Circuit Court of Appeals that entitles aliens to bail hearings every six months, even if they have been rearrested after deportation.

The Garcia-Alcazar petition seeks “an immediate custody hearing before a federal district judge or magistrate, or an IJ (immigration judge) other than IJ Murry,” to determine whether the memorandum is lawful. It also wants to stop the U.S. Department of Justice, the Department of Homeland Security, the Executive Office of Immigration Review and U.S. Immigration and Customs Enforcement “from continuing their policy of influencing Immigration judges within this Circuit to deny Diouf bond hearings.”

Read the rest of the story here.

DCG

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9 responses to “Sacramento lawsuit charges that lack of court hearings for undocumented immigrants violates Constitution

  1. Simple solution: Just deport them.

    Liked by 4 people

  2. I fail to see why illegal criminals are able to create this degree of turmoil in our courts. Let’s face it, the immigration attorney’s are raking in the big bucks in dealing with these criminals. What is criminal is that you and I and Joe Schmoe U S citizen are stuck feeding, and housing these criminals. As Dr Eowyn has already stated . . . just deport them, already–NOW!

    Liked by 2 people

  3. Kevin J Lankford

    How the heck does he have citizen children if he is here illegally? That is not possible except by misinterpretation of the Constitution and statutes.

    Liked by 2 people

  4. Trump 2020

    Liked by 3 people

  5. Put him in a box and send him home…by FedEx…Overnight
    Better yet send him south of Meheco.

    Liked by 1 person

  6. The response to such a topic as this exposes the success of the Khazarian fifth-column’s brainwashing and undermining of the American country.

    Of course holding someone guilty of a crime and punishing them without benefit of trial is Unconstitutional.

    There are no exceptions to the Constitution, and for good reason. If one is not afforded his right to trial for the accused crime of being illegally in residence in the US nation, then the US tyranny can “deport,” without trial, any and all, including natural born American citizens. That is, we Americans can then be easily exiled to a foreign land without trial–A small piece of Cuba maybe?!

    Now, that does not mean that the reader must like ‘illegals,” or anyone else for that matter. What the reader must keep in mind is that if the Constitution does not apply to all, it does not apply to anyone.

    That so many don’t understand this is is a testament to how well the Khazarian fifth-column’s propaganda has seeped into the minds of Americans, and turned us against ourselves. The US tyranny has turned their criminal violation of their own laws into a tool of further occupation and oppression of the American country–with the complicity of the American people no less.

    One need not like the “illegals,” however, complicity in the occupation and oppression of the American country and the American people is not the answer.

    An American citizen, not US subject.

    Liked by 1 person

  7. Congress needs to take a break from fundraising and pass a statute which eliminates ‘anchor baby’ citizen status to aliens trying to game the system.

    Liked by 3 people

  8. Stop all social services, stop the anchor baby system, and enforce existing laws. Pretty simple. Like the Dr. Said. Send him back, he broke the law.

    Liked by 2 people

  9. The illegals are so twisted in their logic that they aren’t criminals. The moment they put one foot in our country, they disobeyed our law and became a criminal. They are also thieves as they steal our money through US programs, such as, welfare, food stamps, etc. They are not a citizen and therefore are not entitled to any US citizen benefits. This is the idiotic logic of these people and in part what is helping to take down America and her destruction. Why do we continue to pay for these people who are not part of our country and do not belong here. If they want to belong then go through our legal process which has them learn our laws and customs and way of life which creates a love and respect for the United States. These illegals are already in a rebellious state of consciousness and therefore do not develop this love and respect. Get them out of here immediately! I don’t even want to pay for their removal which takes forever. They are not entitled to any benefits of US therefore do not have the right to legal defense or the entitlement of prison. Just put them back on the other side of the territory line. Now we must build that wall as high as we can so they aren’t able to return. If they do, let there be a tremendous consequence – just like Mexico and other countries have. This is idiocy to welcome and allow these people who are nothing but “users” into our land. Enough is enough!

    Liked by 1 person

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