Request for Custody Redetermination Hearing (2008-02-06)
Synopsis
On 2008-02-06, DHS admitted in court that they didn't actually have any evidence of alienage, and both DHS and the Immigration Judge acknowledged that DHS is required to establish alienage before any burden shifts to me TR 2008-02-06 p21l21-p22l1.
By admitting and acknowledging that, DHS and the Immigration Court were conceding that until DHS establishes a person's alienage, neither DHS nor the Immigration Court has any authority or jurisdiction over the person and cannot, legally, detain or deport the person on immigration related allegations.
So, following those admissions in court, that ICE/DHS had no legal authority to detain me, I requested a new bond hearing. The Immigration Court refused to even accept the request.
Eloy Detention Center
Eloy, Arizona
Being that we all agree that alienage has not been established and that it is the government's responsibility to establish that prior to arrest and detention; and given that an I-200 was never obtained for me I would, very much appreciate a custody redetermination hearing as I do believe it is unconstitutional to incarcerate a person while you try to establish that a [crime was even committed.]