Motion to Compel Discover (2008-03-09)
Synopsis
Background
ICE is required to obtain a valid Warrant for Arrest of Alien (Form I-200) before they are authorized to arrest a person on immigration related charges. Unlike in criminal proceedings however, an I-200 is issued by any ICE supervisor, not by a court. So any ICE officer is able to obtain a warrant to arrest any person as long as the person has been established to be an alien and in violation of any immigration law.
When ICE arrested me, they had no evidence of alienage. After interrogating me for hours, they still had no evidence of alienage. So they had no legal basis for issuing or obtaining a valid I-200, and no legal basis for arresting me.
The supervisor on duty during my arrest and interrogation, Kristine Brisson, knew she could not legally issue an I-200 on me. So what ICE did and what Brisson signed, was an I-200 with no name or other identifying information on it original, invalid I-200. Obviously, an arrest warrant with no name or other identifying information on it is not valid.
Months later, when I was reviewing the documents disclosed to me by DHS, in my removal proceedings, I noticed the I-200 in my file didn't have my name on it. When I brought this up to my Deportation Officers, Keith Acosta and Robert Cordero, they claimed I was wrong. They insisted the I-200 had my name on it and was valid. I requested they provide me a copy of it. They refused.
Knowing the I-200 was not valid because it didn't identify the subject (me), and that, therefore, my arrest by ICE on 2007-09-25, was not legally authorized, I submitted this motion to the Immigration Court to force ICE and DHS to have to acknowledge my arrest was illegal.
Shortly after submitting this motion, Acosta provided me a forged copy of the I-200, with my name manually typed into the "Name" field forged I-200. It is so obviously a forgery. You can tell it was entered on a typewriter. The text is grossly misaligned with everything else on the form and the font size of the name doesn't match any of the other text on the form.
This forgery was done on a copy of the original I-200 which was signed by Brisson and IEA Jason Martin on 2007-09-25. Because it was already signed and dated by Brisson and Martin, it was a legal record. By adding my name to that signed and dated document, months after my arrest, Cordero and Acosta were forging a legal record.
The court never addressed this motion, and never made any mention of the fact that ICE forged a legal document and record or that the DHS lawyers knew they forged that document/record.
PDFA88 664 582
1705 East Hanna Road
Eloy, AZ 85231
The Respondent, Richard Steven Riess in pro se, respectfully moves the court to compel the Department of Homeland Security (Department) to provide a copy of the valid Form I-200, Warrant for Arrest of Alien, which Respondent's Deportation Officer, Robert Cordero, has stated does exist and is in Respondent's A-File, and which, persuant to §236 and §287 of the Immigration and Nationality Act was required to be obtained prior to the arrest of Respondent.
To date, Respondent has submitted numerous and repeated written requests for a copy of this I-200 but all such requests have been ignored by the Department. However, Respondent's requests for copies of the I-286 and I-862 in his A-File have been readily fulfilled by the Department.
For the foregoing reasons, Respondent respectfully requests the court grant his motion to compel discovery of the stated Form I-200 without further delay.
CERTIFICATE OF SERVICE
I, Richard Steven Riess, hereby certify that a true and correct copy of the attached Motion to Withdraw Previous Motion to Terminate Proceedings was served upon the interested party addressed below by placing a copy in a sealed envelope and mailed either by U.S. Postal mail or by the Institutional Inter-house mail system.
US Department of Homeland Security
1705 E. Hanna Rd
Eloy, AZ 85231